CONTRACTOR SUED

Evening Post, Volume CXIII, Issue 100, 30 April 1927, Page 8

CONTRACTOR SUED

ERECTION OF THEATRE

DESCRIBED AS A "FROG POND"

(By Telegraph.)

(Special to '/The Evening Post")

AUCKLAND, This Day. Before Mr. Justice Stringer yesterday Howard Oakley Browne, of Auckland. brought an action against Vincent Mul» lengcr, an electrician of Auckland, for damages in respect of the non-fulfilment of a contract for the building of the Delta Picture Theatre, New Lynn. Mr. Halt j ■?? nald that hls client waß the lessee and Mullenger the owner of the "piece o£ at New Lynn, on which the theatre 7™ Hu*' -»Tha defendant, in conjunct tion with a Miss-Mitchell, entered into a contract with the plaintiff to erect a theatre. Browne alleged that owing to faulty construction the building was very damp. It was known all round the district as a frog pond," and was so damp that people _ simply would not patronise it. Parts of the ceiling in the living-room had sagged nearly a foot. Plaintiff claimed £300 general damages, £78 damage to stpek and property, and £7 18s ,6d for failure to .complete the electrical Wiring. .The plaintiff..said, that the. agreement was that the theatre all but the cinematographic installation, should.be completed, ihe walls and the roof were faulty During wet weather water came in and eathered in pools. 8 Mr. Skelton: "The place has been described as a "frog pond"? Witness: "Yes." Mr Skelton: "I think it is a fact that nogs have been found inside the building » Witness: "Yes, on the stairs."