CIVIL SITTINGS. FRIDAY.

Press, Volume LXVII, Issue 14055, 29 May 1911, Page 8

CIVIL SITTINGS. FRIDAY.

(Before his Honour Mr Justice Denniston.)

The civil sittin-s of the Supremo Court wero continued on Friday Imoraing

AN HOTEL DISPUTE. The hearing of the case J J. Kavanagh v Simpson and Hart, Ltd., and M- Brosnahan. claim for specific performance of agreement, possession o premises or damages for breach of agreement, was continued. °Mr Alpers, with him Mr Weston, (instructed by Perry, Perry andhiunerney), appeared for plaintift, Mr Raymond, with him Mr *. -• Rolleston, for the defendants, Simpson and Hart, Ltd., and Mr Moore for tho defendant, Brosnahan. .... ,__ Mr Rolleston in opening for the defence, said they relied on a legal point based on Sib. correspondence, and tiie. also had a defence in c _uity. Mr Moore said that as far as Brosnahan was concerned ho had no further facts to adduce. Henry Hart, secretary of Simpson and Hart, Ltd., said his firm held a mortgage of the lease and bill of sale over the furniture from Lagan, at the Star Hotel. Temuka. . Plaintiff said he wished to put his brother-in-law, Mr Mora, in the hotel. Witness told Kavanagh that he had given his word of honour to give the second mortgagees a chance to find a purchaser. After that witness asked Kavanagh if he would protect them m the event of their putting tho lease up to auction. Kavanagh said he would protect them. On 6th January, witness received a -telegram from Kavanagh:—"lf you will auction my client will he" present." Ho had not agreed to sell the leaso to Kavanagh. Walter Raymond, a partner in the firm of Smithson and Raymond, Timaru, said that with Brosnahan he went out to St. Andrews to see Kavanagh, and Kavanagh groeted them both in a friendly way. Witness said they had come out to get Kavanagh's consent to the transfer of the lease to Brosnahan. Ho explained Brosnahan's position. Kavanagh objected to the terms of the existing lease. He said he wanted to have a hand in the control of his hotel. Kavanagh said he would consider a new agreement and see witness tho next day. Kavanagh did not see witness the next day but camo on the morning of the 19th. When Kavanagh camo in he informed witness ho had purchased from Simpson and Hart. In the afternoon Kavanagh and Mora again called. Kavanagh endeavoured to persuade witness to take a deposit, and witness then advised him to seelother advice.

Harold Francis Morton, auctioneer, Timaru, gave evidence. His Honour, after summing up against plaintiff, gave judgment lor each defendant with costs on the highest scale up to £600, including second counsel. The costs of the order for extending the caveat were allowed each defendant at £3 3s. By consent, an order was made that the caveat be withdrawn.

A BROKEN TENANCY. Richard Henry Emerson claimed specific performance from Henry Alexander Wilson of an agreement in writing tor the lease of plaintiff's house to defendant, judgment for tho sum of £22 15s rent, and judgment for £50 damages. , . . The defence was that plaintiff induced the defendant to enter into an agreement by representing to tho defendant that the house was dry and freo from damp, which renresentation was untrue, in fact, to tho knowledgo o. tho plaintiff. Ho denied that he owed the rent claimed. He counterclaimed for £50 damages to his chattels caused by the dampness of tho house. Mr Wedde appeared for plaintiff and Mr Hunt for defendant.

Henry Alexander Wilson, SergeantMajor instructor in the Territorials, said.he saw plaintiff with reference to the house and said it suited his requirement.., but it must be free from damp. Plaintiff assured witness that it was so. Relying on that witness signed the agreement and went into the. house. In August, however, he received a wire from his wife entreating him to come homo as she was ill. He found several of his things tarnished and others ruined through the damp. The damp house -made his wife very ill. Evidence tor defendant was {J*.iven by Dr William Irvine, Olive Lome, Wilson and Eric Harold Stringer. The caso was at this stage adjourned till 10 next morning.