A CLAIM FAILS.

Auckland Star, Volume LV, Issue 154, 1 July 1924, Page 3

A CLAIM FAILS.

• — DAMP BIIXIARD ROOM. LINOLEUM DESTROYED. "Had the lessee said I-will erect building and guarantee that it will n be damp and you can put your linoleur down at once,' I might have allowed t claim," said Mr. F: TL Hunt, S.M., giving his reserved judgment- this mor ing in a claim by Ernest Ivil (Mr. Lv ford) against Alice Hope Metcalfe (il McArthur) for £116, being £S0 f destruction of linoleum, £2G damages billiard tables, and £10 ioss of busine; Plaintiff had taken a lease of a buiiai] at Milford, and set it out .is a hillia room. It was found that a great deal moisture exuded from the walls ai floor, and damage had resulted. Plai tiff claimed that the dampness was d to defective material in the buildh Later it was found tbat the cause 'if t water coming through the floor was dt Dot to defective material, but becau the drainage froi£ the higher adjoin! sections flowed under tin. building wi such volume as to force its way betwe the walls and floor. It was not t fault of the building, but the exeavatio of the adjoining land. Plaintiff wou therefore be nonsuited with costs.