ALLEGED BREACH OF CONTRACT.

Manawatu Herald, Volume LIV, Issue 4414, 6 November 1934, Page 3

ALLEGED BREACH OF CONTRACT.

AMENDMENT TO CLAIM.

The hearing was resumed in the Palmerston North Magistrate’s Court last week, before Mr J. L. Stout, S.M., of the case in which O. P. Liddell, of Palmerston North (Mr L. G. H. Sinclair) claimed from B. A. and L. A. Adams, also of Palmerston North (Mi G. Row’e) £ll 0s 9d in respect of an alleged, breach of contract for the sale and purchase of a dairy business, and also £25 on a quantum meruit (for the value of services rendered). Following upon an objection having been lodged by Mr Rowe at the first hearing to the form in which the statement of claim had been brought, the case was adjourned by the Magistrate to enable an amendment to be made if permissible. When the case was resumed Mr L. G. H. Sinclair asked for an amendment to the statement of claim under Section 101 of the Magistrate’s Court Act. Mr Rowe argued that to do so would be to substitute a new and distinct cause of action in respect of the £25, and, further, that a proviso to the same section of the Act said this could not be done.

After hearing argument, the Magistrate granted the amendment and the case was adjourned.