BREACH OF CONTRACT

Evening Post, Volume CVI, Issue 107, 2 November 1923, Page 7

BREACH OF CONTRACT

"ODIVA AND SEALS"

CLAIM BY AGENT SUCCEED^.

Eeserved decision has been given by Mr. W. G. BiddeH, S.M., in the civil case in which Victor Beck, a theatrical agent, of Wellington, proceeded against Captain Charles Frederick Adams, proprietor and director of the vaudeville act "Odiva and Seals," for the recovery of £200 by way of damages for alleged breach of an agreement whereby the plaintiff was to act as . the New Zealand advance agent of the defendant. The suggestion was that through the defendant's breach of agreement, Beck lost opportunities to engage in other advance agency work. After reviewing the' evidence given at the hearing of the case, the Magistrate remarked he had no reason to discredit the Statement of the plaintiff that he made it a condition of his employment with the Walter George Company that he could leave this position when required by 'the defendant. Under these circumstances, the Bench Was not prepared to hold that plaintiff was not ready and willing to enter the service of Adams when he opened his season in Auckland. It was the plain duty of the latter to advise Beck of his departure from Sydney so that the plaintiff could have arranged to start with him at the beginning of his Dominion tour. Adams deprived Beck of this opportunity, and repudiated his contract to employ the plaintiff who for such breach of contract was entitled to damages. "Defendant now says he is willing to employ Beck in another capacity on the tour,." went on the Magistrate, "but the plaintiff is not prepared to accept the defendant's substituted offer, in view of the treatment he has received, and the refusal of Adams to recrigni6e his claim in any way, and I am not prepared to say that the plaintiff is not justified in such a refusal." , Commenting that it was the plaintiff's duty to minimise the damages on becoming aware of the defendant's breach of contract, tho Magistrate said it was somewhat difficult to estimate the amount to which Beck was entitled, as defendant's tour of the Dominion was not yet completed, and in the'meantime the plaintiff might obtain employment whicU would go in reduction of his claim. Judgment for the plaintiff, was entered, after due consideration, for £80, with substantial costs. , At the hearing of the case, the plaintiff was represented by Mr. P. Jackson, while Mr. H. F. O'Leary appeared for the defendant.

Mr. JusUcs Brodeur has been swoin in as Ljeuteuaut-Govemor of Quebec.