WIDOW SEEKS DAMAGES

Sun (Auckland), Volume II, Issue 440, 23 August 1928, Page 13

WIDOW SEEKS DAMAGES

JUDGE UPHOLDS CLAIM SALE OF SILICA LAND In a reserved judgment delivered in the Supreme Court this morning, Mr. Justice Reed upheld the damages claim of a widow, Cecilia Linis Kunsfc, (Mr. Leary) for breach of contract by William Ravage Tate (Mr. Northcroft) in respect of the purchase of glassbearing sand at Awanui. Hearing of the case took place on August 15 and 16. The plaintiff, who claimed £2,otfo, contended that as the result of negotiations with Tate she had broken off an agreement for the supply of silica to the Australian Glass Company, of Auckland, to her serious loss. The defence was that the option offered, to Tate had never been exercised or that in any case it had be*»n SU’en to the Southern Cross Glass Company, Ltd., and that Tat§ was therefore not liable. buch evidence as was given appeared to show that the Southern ross Glass Co., Ltd., was a two-man company, the defendant and a Mr. tiih Pber<3 ’" said llis Honour in giving judgment. “I think, therefore, that the Plaintiff is entitled to recover d;Vi against the defendant for breach contract. I do not propose to T»f eS3 t^ lem the present moment ine property may still be of value to interested in glass-making and 1 mb a settlement might be arJJDged on the basis of carrying out original contract, modified or otlierPurr\r»^ S t^ le * >arties may agree. For the enabling some arrangej i be made the case will be adonJo? 6 *} Tor further consideration,” concluded his Honour.