A CLAIM FAILS

Evening Post, Volume CVIII, Issue 145, 16 December 1924, Page 6

A CLAIM FAILS

_ J"dgment,was delivered by Mr. W. G. Kiddell, S.M., to-day in a case in which «eorge, L. Johnston, proprietor of the paramount Theatre, Wellington, claimed from A. R. Shepard £200 damages, alleged .to have been caused by the plaintiff owing to an alleged, breach 6f contract oil . the part of the defendant to supply vaudeville it^ems for the Paramount Theatre. In the course of his wrl«ea judgment the Magistrate said ttiat under .the conditions that had arisen Between the/parties; and in view of the fact that plaintiff had refused to pertorm an. essential condition of the contract, he thought .defendant was justified 1D t? rm'Dating the agreement. Plaintiff no doubt had been put to unnecessary expe nse) but ,if had not been proved that that expense, was due' wholly to the default of defendant. Plaintiff had himk- contributed to the state of affairs which resulted in the arrangements be™'eerl himself- and defendant falling I • j-j • and under those circumstances ne did not think he could succeed in his + j"* Jud Bment was accordingly entered for defendant, with costs. Security ■ °»appeal- was fixed at £8 8s and costs. At the hearing Mr A. W. Blair appeared for the plaintiff, and Mr. V. Jackson ■'HjMeuilaiitt ..■■-.—.■■-•■" --