SUPREME COURT

Dominion, Volume 11, Issue 223, 8 June 1918, Page 12

SUPREME COURT

U.U'Cißli RKH'IHATIUX ()F A LIiASI.. Jit tit-* Sujjrtfu.e (.'oui'i yi'Stcnlay, before His iloufmr Mr. .Itislice Honking, the case of ,-nm iUigh, _«f .Oreytown, i'artiic-r, who proceeded against, .lames William Over, of (Jievtown, butcher, in respect to the alleged repudiation of the terms of a ieaoe. The lease concerned a building used i"; ,i butchers shop, and also a paddsck for the holding ot stock for slaughtering purposes. The term of the lease was for five years from April 1, IDH, and liefendar.;. it: wa? alleged, had paid the rout u',> !<• Februnrv 1, 1918. but eightr days later he repudiated the lease and al-andotif'ti the premises. The plaint ill' dunned l hs. Sd. tor rent, and a/sked for r. declaration of the Court that the lease is binding on the defendant. The defence was that, while admitting the lease and denying any arrears of rent', the defendant claimed t'hut by reason 'of his being c.illed up tor military service, and by reason of his lM>ing classed as fit for active scivicc, and being ordered into cantp. th» lease was impossible of performance without any neglect or default on the p'tvi of .the defendant. The defendint, tvhu appeared in court in uniform, further cttimcd that 1 ho plaintiff had failed t i carry out his duties and obligations under the tense, and had failed to complv with the- demands of tho Health Department, the result being that the shop had been condemned, and ordered to t-'J dciroUshod. Uy reason of this, the defendant claimed that, with the'full cognisatce of the plaintiff, he was forced to erect other premises for the carrvim; on of his trade n-5 a butcher. .Mr. (I. (t. (( Watson, with him Mr. F." J." Tlionvjson, o; Greytowu, appeared for the plaintiff, a.?d Mr. I'. J. O'Hegan for tho dc-tendaiil After hearing evidence, His Honour reserved his docisi'-'ii.