LEASE OF HOTEL

Evening Post, Volume CVII, Issue 100, 2 May 1929, Page 15

LEASE OF HOTEL

CLAIM. .FOR COST OF REPAIRS

The transfer of the lease o£ the Arcadia private hotel, Wellington, from Jane Mary Tiller to William Dean Smith and Walter .Rutherford Flintoff was the basis of a case which was 'taken before Mr. Justice MacGregor in the Supreme Court to-day. Smith aud l'hntoii claimed £347 from Mrs. Tiller, alleging that she had fraudulently failed to disclose that the building was not in good repair, and that they had been obliged to carry out repairs which she should have executed. It was claimed by the plaintiffs that the defendant had represented verbally that the covenants in the memorandum of lease in regard to keeping the hotel in good order had been complied .with, but that after they had taken possession they discovered that the premises were not in the condition represented. They contended that Mrs. Tiller had wilfully concealed from them the facts in order to induce them to enter into the contract. They had siuce been required to carry out repairs, she had complied with all the covenants in the cost of which should have been borne by the defendant. The claim was made in respect of repairs already carried out and others still to be executed. The defendant maintained that up to the time the contract was entered into, the lease, and the premises were in good repair. Before signing the contract aud taking possession, the plaintiffs had been given an opportunity of making a careful inspection of the promises, and had then elected to complete the purchase. No complaint had been made, it was alleged, until six months after the plaintiffs took possession. A counter-claim was made for £100 ]4s Od..the balance said to be owing on thn purchase of stores by the plaintiffs. Mr. W. Perry appeared for the plaintiffs, aud Mr. E. P. Hay for the defendant. [ The hearing of evidence is proceeding.