MANNING V. WARD.

Evening Star, Issue 11701, 6 October 1902, Page 4

MANNING V. WARD.

The adjourned ease of Manning v. the Rev. J. 11. Ward was called on again for hearing this afternoon. Mr Thornton appeared for plaintiff and Mr A. S. Adams for defendant. Mr Thornton, in opening the case for plaintiff, referred to a conversation alleged to have taken place between plaintiff and defendant on the 11th August Inst, during which various proposals were made as to defendant's undertaking a lecturing tour under y plaintilFs management, the circumstances 'of which have already been published. Certain correspondent was read bearing upon the proposal, to show that Ward suggested the ]>ossdbflity of making some arrangement in the future. Subsequently the. parties met at counsel's office, and hero the alleged contract was made. Plaintiff, he raid, "knowing that Mr Ward's health had been failing bub was then improved, askod him if lie could not reconsider his decision and make some definite arrangement about a lecturing tour, and Mr Ward said he was much better aud would like to. He supposed the terms would be the same as those, previously vuy-gc-sted. Plaintiff had said yes, defendant would receive 50 per cent, of the gross takings, and plaintiff would receive the other 50 per cent., paying all defendant's expenses except hotel bills and cub fares. Arrangements were thereupon mJlde. There wa<) no written contract, but/ there, was writing by Mr Ward in connection with the contract. Defendant suggested the following week for the tour, and-the following riutes were decided on:— Christehureh! 16th, 17th, and 18th September; and Timaru, 19th. A calendar was produced, showing those dates marked accordingly by Mr Ward. A discussion- ensued as to the subjects of the lectures to be delivered, and the prices to be charged, and then Mr Manring offered to give Mr Ward a. letter embodying the agreement. Ward said it was unnecessary, because the tour was so short. Halls and printing were arranged for by plaintiff, and next day plaintiff "got. a message from his wife storting thai defendant had declined to make the trip. Counsel, after fully detailing the circumstances, srabmitted that a contract had been made and broken by defendant. [Left sitting.]