ALLEGED BREACH OF AGREEMENT.

Manawatu Herald, Volume XLVI, Issue 2780, 4 September 1924, Page 2

ALLEGED BREACH OF AGREEMENT.

DECISION' RESERVED. At the Palmerston S. Nr. Court on Tuesday, before Mr J. L. Stout, S.M. Arthur Emerson Mubin, of Wellington, Hope Gibbons, of ’Wanganui, and Arthur William Akers, of Palmerston X., proceeded against C. 11. Speirs, fiaxmiller, of Shannon, claiming £IOB in respect of a certain agreement. Air Tunes appeared for plaintiff’s and Mr Cooper for defendant. Plaintiffs, in their statement of claim, set out that by agreementdiiled August 25, 1023, defendant agreed with them that in consideration of the latter selling certain debentures of the Aliikerua. Drainage Board, the defendant would, pay .-,ueli proportion of the loss made on such sale as should be certified by the Drainage Board to be a proper proportion thereof. The plaintiffs further set out that they had sold certain debentures under the agreement, ami the amount certified by (he board as the proper share of defendant was the sum of £](IS which sum defendant had not paid.

The defendant, in his statement of defence, alleged that the agreement had been entered into on the undertaking that all Iho ratepayers were io sign the agreement before il would become operative and that a number of the ratepayers had not signed it.

Evidence was given by 0. A. Loiighnan, solicitor, as io tin* agreement which had been drawn up in connection with the Afakenia Drainage Board’s Hood protection scheme. I)( IVudani lmd been a. party to the agreement but he had refused to pay bis share when called upon ro do so. Defendant said that, when the ngreement was drawn up, it was understood that it would uoi operate unless every ratepayer had signed it. In point of fact a number of his neighbours had not yet signed the agreement. He was prepared to pay his share if the. others signed the

agreement and the Drainage Board dealt with the whole matter.

The Magistrate reserved his de cision.