A HOTEL LICENSE

Evening Post, Volume CII, Issue 48, 25 August 1921, Page 8

A HOTEL LICENSE

BREACH OF CONTRACT ALLEGED

UNUSUAL CIVIL CLAIM.

A breach of contract in respect to an engagement of a person to hold the license of the Terminus Hotel was alleged in a civil claim heard before Mr. F. K. Hunt, S.M., to-day, when William Jeremiah Byrne, described as a hotelmanager, proceeded against Richard Ingram Low, hotel-keeper, for the sum of £200, by way of damages. There were- some unusual features connected with the case. :

Mr. W. Perry appeared for the plaintiff, and the defendant was represented by Mr. J. J. M'Grath

The statement of claim set out that in or about the month of June, 1921, the defendant agreed to purchase the lease, furniture, and goodwill of the business of the Terminus Hotel from Robert Hart, the then licensee of the hotel. On 28th May, 1921, defendant 'applied for a certificate of fitness to hold a publican's license, in respect of the Terminus Hotel, the. application being refused. On 2nd June, 1921, it . was verbally agreed between the parties that the defendant' should employ- the plaintiff as manager and licensee on the following terms:—(a) That the defendant should pay the plaintiff the suni of £5 per week; (b) that plaintiff, his wife, and child should live at the hotel free of charge; (c) that the defendant would pay the plaintiff a bonus of £100 at the' end of.six months of such employment; (d) that such employment should continue for at least six months. On 7th (June, plaintiff applied for and was granted a certificate of fitness to hold a license, of the hotel. Two days later plaintiff took up his residence at the hotel and entered upon bis. duties as manager. It was alleged that on 6th July, without informing the plaintiff and in breach of the agreement? the defendant again applied for a certificate of fitness to hold the license of the Terminus Hotel, but the application was again refused. The statement went on to say that on 11th and 18th July agreements in writing were signed by the plaintiff, his wife, the defendant, and Robert Hunt, but these agreements did not express" the true intention or agreement of the parties, but were prepared af the instigation of , the defendant, merely for the purpose of obtaining the transfer, of the license of the hotel to the plaihtiff. The Licensing Committee, however, refused to consent to the transfer. On or about 25th July, the defendant entered into a contract with one Campbell lor the salo to him: of the lease and goodwill of the hotel. On 30th July'the defendant notified the plaintiff that his services were dispensed with, thereby committing a breach of his contract with the plaihtiff. Plaintiff, therefore, claimed the sum of £266 10s, but reduced his claim to £200 in order to bring it within the jurisdiction of the Court.

Tho defendant counterclaimed for the <ium of £24 10s. The statement set out:. (1) That on or about 19th October, 1920, plaintiff borrowed from the defendant the sum of £10 in cash, and had refused to repay this amount; (2) that on or about 12th June, 1921 i defendant cold to the plaintiff one suit of clothes of the value of £8 Bs, and the plaintiff had not yet paid for same; (3) the .plaintiff also owed the defendant the sum of £6 6s for board and residence supplied by the defendant to the plaintiff and his wife and child' at the Terminus Hotel, from 30th July to 6th August. (Proceeding.)