INTERESTING TO BREWERS.

Poverty Bay Standard, Volume IX, Issue 994, 3 November 1881, Page 4

INTERESTING TO BREWERS.

A publican paid a premium for a lease of a “ tied ” house, containing covenants that the lessee should, during the term of the lease, buy of the lessors, their heirs or assigns, all beer, porter, and stout (in bulk or in bottle), wine, brandy, or other spirit or liquor that should be consumed in, or upon, or from the premises, with the usual proviso for re-entry in case of breach of covenant. The landlords made two kinds of bitter ales—the more expensive for sale to the “ tied ” houses, and the other to ordinary customers. The publican, instead of buying his “ bitter” direct from his landlords, bought it through a carrier, who got it at a discount, and passed it on to the publican. The landlords discovered it, and summoned the publican to meet them, and told him he had thereby forfeited his lease. He was induced by this representation to sign a letter, stating that in consideration of their not at once ejecting him from the house “ the lease of which he had forfeited,” he undertook to give up quiet possession about three weeks after. Afterwards he consulted his solicitor, and denied the landlords right to re-enter. They, however, finally ejecting him, and in the struggle his wife, who made a formidable resistance was injured. For the ejectment and injury he and his wife sued for damages. The judge considered that the publican could sell which variety he pleased of his landlords’ beer, and that his buying it through an agent did not infringe his convenant. The question as to the document given by the publican was decided by the judge in his favour, on the ground that it was given under a misrepresentation (innocent but inaccurate) that the lease had been forfeited, and the judge awarded the publican £l5O damages, £2OO of which was for the injury sustained by the yi £e - '