A SHEARER'S CLAIM.

Lake County Press, Issue 2792, 3 July 1919, Page 5

A SHEARER'S CLAIM.

For Breach of Contract.

Plaintiff Succeeds in his Suit

At the sitting of the Magistrate's Court at Alexandra last week a .local shearer, John Adamson, sued a sheep farmer (Mr R. K. Smith of Tarras) for breaoh of contract. The case was an unusual one. The evidence showed that Smith had engaged Adamson to start shearing at an arranged date. A day or two previous to the date fixed Smith wired to Adamson cancelling the engagement, as he had secured shearers. Adamson held that as a result his shearing work was upset, with consequent loss The defendant's counsel (Mr Brodrick) held that shearers treated these engagements lightly and frequently failed to fulfil their engagements by not turning up as arranged. Shearers have been very scarce, so his client secured the services of three men when offering. Mr Bodkin, for the plaintiff, held that on the defendant's admission there was a breach of contract. The plaintiff had endeavoured to get other engagements, but had succeeded in securing only one. The .magistrate (Mr E. D. Mosley), in giving judgment, remarked that while sheep owners might often suffer from shearers not fulfilling their engagements, they had their remedy at law, consequetly the court could not take that aspect into consideration. It might be that farmers preferred to suffer in silence rather than sue a shearer for damages for breach of contract, with the possible risk of having his sheds boycotted in the following season. The court, however, existed to enforce contracts, so the claim for braach of contract mu3fc succeed. Judgment was given plaintiff for £l9, with costs.