DISPUTE OVER A COVENANT RESERVED JUDGMENT.

Evening Post, Volume LXXXIV, Issue 27, 31 July 1912, Page 11

DISPUTE OVER A COVENANT RESERVED JUDGMENT.

At the Magistrate's Court^ yesterday, reserved judgment v;as given by Dr. M'Arthur, S.M., in the case in which Mrs. Maria Weitzel, of Petone, proceeded against Mrs. Emma Ostler and the Levm Borough Council, claiming £100 damages for an alleged breach of a covenant to allow her to remove certain buildings on a section at Lavin. The Levin Borough Conncil wa« a party to tho action in regard to the question a« to whether Mrs. Ostler could claim an indemnity against it for damages which the plaintiff 6ought to recover from her. Argument on tim point has been adjourned until next week. Before the expiration of her lease, plaintiff made application for permission to remove buildings on the section, but this was refused. A year and more after the expiry of the lease tho buildings on the land were offered *or sale for removal, and they wero bought for £25. The plaintiff averred that she was not cognisant of the offer for sale, and consequently did not tender. After considering the evidence, his Worship said that he could not but think that the plaintiff's witnesses had over-estimated the damages sustained . by her in being t deprived of the build- j ings. They were old and dilapidated, and could not have been used to such treat advantage as the said witnesses ad attempted to prove. If they were so valuable, why should they have been sold Tor £25. Hi« Worship assessed the total damages at £45, and gave judgment for plain-tiff against Sire. Ctetler for that amount. Mr. T. C. A. Hislop appeared for plaintiff, Mr. A. R. Atkinson for Mre. Ostler, Mid Mr. A. Fan? for the Levim Borough Council.