CLAIM DISMISSED
PILOT'S ACTION AGAINST AERO CLUB CPSBS3 ASSOCIATION TKLtGRAM.) WELLINGTON, August 14. Holding that the plaintiff had not proved a contract, the Chief Justice (the Rt. Hon. Sir Michael Myers), in an oral judgment to-day, dismissed a claim by G. A. C. Cowperforan injunction restraining the Manawatu Aero Club from exercising its right of competing in the handicap section of the Melbourne Centenary air race without his inclusion as one of the pilots. The Chief Justice said that since yesterday ho had had an opportunity of reading all the papers in the case. After reading them, and considering the arguments addressed to him by counsel, he had come to the conclusion that the plaintiff had not proved the alleged contract. After reviewing what had taken place between Mr Oram and the club, his Honour said that to his mind it showed that if a contract was made at all it was made with Oram and not with Cowper. Cowper was Oram's agent, and Oram was not Cowper's agent. Even if there were a contract between the club and Cowper, there would still be difficulty in the way of the plaintiff obtaining an injunction. The contract—if contract there was—was a contract of personal service and it contained no negative stipulation. In such circumstances an injunction would not be granted.
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Bibliographic details
Press, Volume LXX, Issue 21243, 15 August 1934, Page 9
Word Count
219
CLAIM DISMISSED
Press, Volume LXX, Issue 21243, 15 August 1934, Page 9
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