FAIR WEAR AND TEAR.

Evening Post, Volume LXXVII, Issue 110, 11 May 1909, Page 8

FAIR WEAR AND TEAR.

• LANDLADY AND TENANT. A reserved judgment was delivered by Mr. W. G. Riddell 5 5.M., to-day, in the suit Ellen Stevens v. Camilla Leslie, a claim for £18 11s 7d alleged to be due as cost of repairs and for loss of rent in respect of a house that had been occupied by defendant as plaintiff's tenant. Defendant denied liability, on the ground that the repairs effected should be regarded as the result of fair wear and tear. The house was a new one, and in the lease it was set out that the lessee should use and occupy the premises in a fair and tenantable manner, fair wear and tear alone excepted. His Worship remarked that the evidence given at the hearing of the case as to the amount of damage done was contradictory ._ It was difficult to say how far defendant was protected under the proviso regarding fair wear and tear, but in his Worship's opinion certain items in the claim, amounting in the aggregate to £1 15s 7d, should be disallowed. Sc far as the claim for rent was concerned, he held that the repairs could have been effected within a week, and he accordingly allowed 35s for loss of rent. Judgment was entered for plaintiff for £14 4s, uith costs £4 7s. Mr. Organ was counsel for plaintiff, and Mr. Toogood for defendant.

St. David's Church bazaar will be opened in the Petone Oddfellows' Hall by the borough Mayor at 3 o'clock to-mor-row afternoon. There will be an endless variety of goods on the stalls and attractive side-shows and other features of interest, including a baby show for Thursday afternoon. A concert programme is promised for each, evening.