SUPREME COURT.
CIVIL SITTINGS. (Before his Honour Mr Justice Dennistou). WALLING v HUTCHISON. ! This was a case heard at the last sittings of the Court in which plaintiff claimed £1472 damages, or in tho alternative a decree for accounts, on tho ground of an alleged breach by tho defendant of a contract of service, the case had not proceeded far when tho question of novation was set up nnd after evidence had been heard on this point, the further hearing of the case was adjourned "till his Honour had delivered reserved judgment on the point. . This morning his Honour delivered judgment. After reviewing the case at length, and the evidence, ho held -that tho plaintiff had not established the consent of tho three parties essential to tho novation and substitution he set up in his plea, and that thero was nothing in the conduct of tho plaintiff to prevent him from alleging and proving the fact. Tho case must be continued as to the other questions in dispute. Tho question of the cost of theso proceedings would b. reserved. Mr Russell appeared for, plaintiff and Mr Stringer for defen-", dant. I
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Press, Volume XLVIII, Issue 14522, 26 November 1912, Page 4
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191SUPREME COURT. Press, Volume XLVIII, Issue 14522, 26 November 1912, Page 4
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