SUPREME COURT, AUCKLAND.

Waikato Times, Volume XXXI, Issue 2509, 9 August 1888, Page 2

SUPREME COURT, AUCKLAND.

CteosohEiigecumiik anpotherrv. Walter Dkkham.—This was an action to recover the sum of £155 15s. Mr Theo. Cooper appeared for tlie plaintiff, and Mr Edward Cooper fnr the defence. The action was for a breach "f covenant of a lease dated September, 1880, of certain allotments in Claudclands in Hamilton. The perii.d of the lease was for seven years. The plaintiffs were a number »f gentlemen who wanted the land for a racecourse. In the lease the defendant, a gentleman resident in England, covenanted to clear the laud of tea-tree, etc., and miike it fit for the plough, but although a sufficient time had elapsed this had not been carried out. The amount it would take to clear the land and make it fit"for the plough was £22 ss. The plaintiffs had cleared the racing track at a cost of £3 10s. They claimed £100 for loss (jf pasturage, and £30 for loss of the racecourse for two years. The defence was that the land hud been cleared of all scrub, except one piece of bush, which was left standing at the request of the plaintiffs, and a. denial of the damages claimed. The land was to be cleared to the satisfaction of Mr T. G. Sandes, acting for the defendant, but the plaintiffs denied that it had ever been cleared to his satisfaction. His Honor in giving judgment said that according to the covenant the land had to be cleared and ready for the plough. There had certainly been some shortcomings, but these had been valued by plaintiff's own experts at £G 15s. With regard to levelling for ploughing, he thought defendant was not bound to do this. No damages could be allowed for the nou-cleaiing of seven acres of titree, as plaintiffs had admitted they did not want this done, and the alleged loss of grazing fees could not be entertained, as damages were too remote. Judgment should therefore be for plaintiffs for £U 15s, and costs on the lower scale.