BILLIARD SALOON ACTION.

Pukekohe & Waiuku Times, Volume 7, Issue 414, 1 October 1918, Page 3

BILLIARD SALOON ACTION.

An action concerning the billiard rooms in Pukekohe lately vacated by Mr 0. Armstrong was heard in the Auckland Magistrate's Conrt by Mr K. D. Moseley, S.M, last Friday, James Chad wick, who had been the prospective tenant of the rooms, claiming the return from D. Goodwin, the owner of the premises, the sum of £25 paid by him as part payment for two billiard tables to bo supplied. The plaintiff's contention was that on or about June last a verbal agreement was entered into respecting the tenancy of the saloon by plaintiff. The defendant was to supply two tables, to be purchased from Messrs Alcock. On or about June sth he and defendant visited Alcock's at Auckland for the purpose of selecting the and, relying on defendant's promises, and at his request plaintiff advanced him £25, to be applied to part payment for the tables. The defendant, after the money was paid to Alcock's, refused to carry out the agreement, cancelled the purchase, received back the £25, which he had not paid back to plaintiff.

Tho defendatit counter-claimed for £25 as damages for breach of agreement, alleging that Chadwick had agreed that if Goodwin arranged for the purchase of two billiard tables then the plaintiff would repay the cost of such tables at the rate of £8 a month. The defendant estimated that by plaintiff's breach of agree ment he had suffered damage to the extent of £25.

Evidence in support of the defendant was given by H. Beesley, manager for Alcock's and J. Forbes, a son-in-law of defendant. Plaintiff said that he had not agreed to buy the tables but came to town to inspect them. He denied that he had undertaken to repay the cost of the tables if Goodwin would grant him a lease. The magistrate found for defendant with oosts £2 Os Bd, and the counter-claim by consent was struck out His Worship said his grounds were that the plaintiff's story was denied by defendant, whose statements were corroborated on two material points by two witnesses.