MANAIA HOTEL JUDGMENT

Hawera & Normanby Star, Volume LIII, Issue LIII, 10 April 1908, Page 4

MANAIA HOTEL JUDGMENT

PYEE v. BOLGER AND MAJOR.

In the Magistrates Cpurt.on Tuesday Mr Turnbullp 5.M.," gave his reserved^, judgment in the above case. -JJlainfilF, it may be remembered from ' the * evidence published, agreed to buy the goodwill of the M^naia Hotel for the remaining period of -the . present lease (expiring in December) for £100, the furniture and stock to be taken at" valuation.' ;The sunvof £50 was paid by way' of deposit. "Plaintiff now, claimed therretuni of the deposit on the ground that deM^yßani Bolger was unable; to procure the consent of the. ground .landlord for.^lie, transfer untir defendant completed the _cpnstrnc- ;- tion of a septic- tank- reqi^ed,,Ay the Licensing Committee. Subsequently, kowev,er, the ground, rlariaiord i (Mr Franklin) agreed to sell the .plaintiff an of the- present lea)se,,>plaintiftj, to.pay £1000 therefor. v Tnis. : Mr Franklin regarded as. his, jconse^^ for thtf -passing of the hoiel .froni Bolger | to. af rs Pyke . The non-completion of the contract, the Magistrate held, was^due to , plaintiff's inability td finor. sufficient i^ioney rather than Bolger's inability to secure the ground landlord's consent. Mr Major, the agent, Jiad said that he had learned that plaintiff was »nable N to find the money, and he therefore made no. valuation of the, steck and furniture.^ Judgment was given foe defendants with- costs according to scale. ,