SUPREME COURT.

Evening Post, Volume LXXIX, Issue 126, 31 May 1910, Page 7

SUPREME COURT.

CIVIL CASES. CLAIM FOR SPECIFIC 'PERFORMANCE. The first civil case of the present Supreme Court sessions was commenced today. It was an action brought by James Alexander Hannah, boot and shoe manufacturer, versus Charles Nodine, tailor, for recovery of a claim for specific performance of an agreement and for £292 6s damages Mr, A. Blair appeared for plaintiff. Defendant was not represented by counsel. The statement of claim set out that on the 15th September, 1909, plaintiff, by his agent, entered into an agreement with defendant to lease to the latter a ahop and buildings, known as No. 246, Lambton-quay, for five years from the Ist January, 1910. A memorandum of lease was prepared in accordance with the agreement, which defendant refused lo execute. He also declined to take possession of the premises. Plaixrtiff was always, and is, ready and willing to perform his part of the agreement; wherefore he asked that defendant be ordered to specifically perform the agreement, and to pay him £292 6s damages for the jion-execution of the memorandum of lease and to pay the costs of the suit The lease prepared' was for five years from the Ist January, 1910, the rent being £800 per annum payable weekly. Rates and taxes were payable by the landlord for two years from the 30th September, 1909, and afterwards by the tenant. The property was the shop and land on Lambton-quay, recently occupied by Mr. Hannah, and at present unoccupied. The tenant %vas required to repair the place and to keep it in repairs. It was to be insured for the full value by the landlord till the 30th September, 1911, and afterwards by the tenant. In event of damage by fire or earthquake a reasonable part of tho rent was to cease until the buildings were repaired, the matter to be settled by arbitration in case of dispute. Power was included to distrain immediately and re-enter on 30 days' default. The tenant was not to assign or sublet without consent, which was not to be unreasonably withheld to a solvent and respectable tenant. The premises were not to be u&ed as a boot or shoe manufactury or let to such a vendor. A preliminary hearing of the case to arrange certain particulars relating to the defence was held by his Honour this morning in Chambers. These wer© agreed to and then defendant applied for an adjournment urging that he was not prepared 1 to proceed with the case 1 . His Honour said ha could not allow a lengthy adjournment. The civil session had already been long delayed a-nd every day through June was occupied. Tljja hearing of the case had been fixed this morning to suit defendant's convenience. An adjournment would be allowed until this afternoon.