SUPREME COURT.

Auckland Star, Volume XLII, Issue 194, 16 August 1911, Page 5

SUPREME COURT.

ALLEGED BREACH OF CONTRACT. An action was commenced at the Auckland Supreme Court before Mr. Justice Edwards yesterday afternoon, in which John Leon Benwell, a picture show man, sought to recover from William Crosher and Sons, electricians, of Auckland, the sum of £GB, refund of amount paid, £287 15/ special damages, and £145 5/ general damages for alleged negligence, or alternatively £5Ol damages for breach of contract. Mr. E. W. Burton appeared for plaintiff, and Mr. J. B. Campbell, instructed by Mr. F. W. Thome, for defendants. Plaintiff was lessee of the Federal Hall, and was showing moving pictures, and it was stated that defendants contracted to supply and erect a motor and dynamo in accordance with specifications prepared. The foundations, it was alleged, consisted of only two planks laid across the floor of the hall, and unsuitable for electrical machinery the result being that when the motor was started the whole building vibrated, the j windows rattled, the light was affected, and the pictures flickered. This milil tated against business, and eventually I the show had to be closed down. Before | the installation was completed, plaintiff insisted on concrete foundations, and required the contract to be carried out on ! the date specified, November 9th of last 'year for the opening of the entertainment. A number of witnesses were called to prove that considerable vibration resulted from the machinery, that the floor and walls of the hall were shaking, and noise caused by the rattling windows and | doors, wiiile the clearness of the pictures screened was affected | The defendants deny that they had committed a breach of agreement or had been guilty of negligence in installing the machinery. The ease is proceeding.