BREACH OF CONTRACT

Evening Post, Volume CXII, Issue 107, 2 November 1926, Page 10

BREACH OF CONTRACT

THE BURTON V. DONNELLY CASE

NO REAL INSTRUCTION GIVEN.

"I have come to the conclusion that the plaintiff is entitled to a verdict 111 her favour. There has been, in my opinion, a substantial failure on the part ot the defendants to carry out the contract which they made," said Mr. E. Page, S.M., in his reserved judgment to-day m the case in which Mabel Burton (Mr. J. O'Donovan) claimed from Donnelly and Sons, hair specialists (Mr. A. T. Young) the refund of £50, part payment of £70, for which the defendants agreed to touch her hairdressing work, and £31, as loaa of salary while attendance at the defend' ant's premises. "The agreement provides for the establishment o£ a college at which the plaintiff was to be'instructed, but no such college has been established," continued Mr. Page. "The agreement also provides that the time of the instructors should be at all times solely at the disposal of the student. What little instruction has been given to the plaintiff does not come within measurable distance of that agreed to be given. No real course of instruction has ever been given to her. On a few occasions she has been shown items rolating to the work she was to be taught. „ . .

Even her efforts to have an opportunity of watching the work do not seem to have received much assistance or encouragement from the defendants. ... In my opinion, the plaintiff is entitled to recover damages for a breach of contract on the part of the defendants." Judgment was given for the plaintiff for £50 2s, with costs to scale.