"TIED" PUBLIC-HOUSES.

Hawke's Bay Herald, Volume XXIV, Issue 8335, 11 April 1889, Page 2

"TIED" PUBLIC-HOUSES.

Me Justice Gillies, sitting in the Supreme Court at Auckland last week, gave a decision of great interest to brewers and the licensees of "tied" bouses. The facts, as reported in our Auckland namesake, are as follows : — One Lynch held a lease from Mr Patrick Gleeson, by which he hound himself not to sell anj wines, spirits, colonial beer, or other goods kept in stock by Mr Gleeson other than what were purchased by Mr Lynch from him. Mr Gleeson transferred his benefits under this lease to Mr Ehrenfrjed. It seems Mr Gleeson was in the habit of supplying Mr Lynch with Dunedin beer, as being colonial beer, brewed at Dunedin. But Mr Ehrenfried refused to do so, as he did not keep it in stock. His Honor held that Mr Lynch was only bonnd to buy of Mr Ehrenfried such colonial beer or other goods as Mr Ehrenfried habitually kept in stock— which means that, if Mr Lynch demands colonial beer, hrewed, say, at Adelaide or Dnpedin, Mr Ehrenfried is bound to supply it at a fair market price and of good quality, and if he refuses so to supply it, Mr Lynch can buy it elsewhere. The effect of this is, of course, that Mr Ehrenfried cannot insist on Mr Lynch taking beer brewed by him, or any other particular sort of colonial beer, but that Mr Lynch can elect what sort of beer, or other goods, he wishes for, and demand to be supplied by Mr Ehrenfried with them, and if not so supplied can buy them elsewhere. This decision may have widespread effect, if, as was stated in the' course of the case, brewers throughout the colony have been in the habit of construing the term "colonial beer" in their leases as solely beer brewed by them.