BREACH OF CONTRACT.

Press, Volume LI, Issue 8727, 24 February 1894, Page 7

BREACH OF CONTRACT.

(FBES3 ASSOCIATION TRLKOEAM,)

WELLINGTON, February 23, Iα the Supreme Court this afternoon the case in whiuh Sister Mary Joseph Aubert sued Orliuido Keropthorne of the New Zealand Drug Company for £500 dnißages for breach of contract wae ooocludedT Tit* Chief Justice eald the q,ue*tioo he had tq consider woe whether the plaintiff continued to make medicine iv the way Iα which ahe had be«a making it before. He thought there was no evidence from which he could conclude that she did no t do this, and he was of opinion that the plaintiff was entitled to expect &.'wfc the do?ead*nt> would take from her the tt)icty-five galloae iv re•pect of which the aued him. Defendant must pay in respect of the thirty-five gallon* 'which he hai failed to take between 1892 and 1893, and for the lose which plaintiff had sustained by rewtoa of h« not haviug taken it- In oeseesiag the amount he was somewhat in the dark, bub he thought that the plaintiff would be com* nenaatcd if he allowed her £6 per gallon on 35 gallon*, which would give £210. Judgment, would accordingly be given for that amount with costs according to scale. As regard* the counter claim he did not think the defendant had made out hie case. He would allow only actual oosta fl« the two claim* were heard together, and iMfffcify for an eiira day. .■■,. ,',.. .- ./ '•■' : -j. ■