SUPREME COURT.

Manawatu Standard, Volume XLI, Issue 8542, 24 March 1908, Page 5

SUPREME COURT.

P ALMERSTON-T U ESD A Y. (Before Mr Justice Cooper.) ' CLAIM FOR DAMAGES. Dora Mary Stevenson (Mr Fitzherbert) v. Anton Bernhard Thomson (Mr C. A. PownaU), ' claim £300 for specific performance, ak'O asking for possession and | judgment for certain money paid to defendant. ■ The statcrrvint of the claim was to the effect that on January 13th, 1906, plaintiff and defendant entered into an executed an agreement to lease a piece of land containing Mg porches, being part of a suburban section ill Dannevirke and the buildings on it for a tevin- of three years from January Ist. The plaintiff took possession on January 22ndy 1907, and the place was destroyed by fire on Juno 4th, 1907. The agreement provided that the rent should bo £3 per week for tho first- six months, which term should commence from January 22nd, and £3 10s per week for tho balance of- the term. Tho lease also provided that tho lessee should insure and keep insured, the buildings and furniture to the full value thereof, and would at all times pay punctually all premiums; also, if the buildings were at any time destroyed by fire all insurance moneys should be expended in repairing the buildings and putting them in a proper condition for occupation, and that all rent, should ceaso from the date of such fire till the buildinga were again ready for use, but if the buildings were only partially destroyed the rent should be reduced, during tho above-mentioned period, to £10 per centum per annum on the amount of insurance money received. The plaintiff had insured the buildings for £300, and_ on June 18tli received £210. On 1 that date she gave up possession to enable repairs to be effected. The buildings had been completed about July 14 th, 1907, and since then she had not been able to regain possession and was deprived of a means of earning a living. She therefore claimed £300 for the loss of the goodwill of the premises, and asked tor a decree to the effect that- the defendantwas not entitled to claim rent from the. date of tho fire; judgment for £4 rent which she had paid under protest; also judgment for the sum of £25 which she paid to defendant as security for the payment of rent. The defence consisted generally ot a denial of the main points in the claim. Dora Mary Stevenson, beardinghousekceper. Dannevirke, stated that she took, possession of the house on the 22nd January, under the terms of the agreement. On June 4th a fire broke out under the stairs of the house, which destroyed all the buildings and nearly everything in the house except the kitchen. There were three outbuildings attached to the washhousc which were not destroyed. Tho rooms comprising these buildings wero damp and cold, :ind were not fit for occupation. She lived in "jem .A fortnight after the lire, and Air Thornsen then called on her and asked her what she intended doing. She re P'' c " that she did not know, and he tola her he would have to charge her £1 per week rent. She then consulted a solicitor, and he advised her not to pay, consequentlv she was obliged to give up the rooms." About a month from the time of tho fire she received notice that the buildings were to be rebuilt. She left the application for possession to her solicitor. From the date of the fire to the issuing of the writ she all that was demanded of her. On x\ugust £]st, she saw defendant with regard to taking possession, and he told her he would give up possession when he got the linoleums down. In consequence of this promise she went to Wellington and bought a quantity of crockery and oJier things. When she got. back she callo-l at Mr Fitzherbert's office, and together they callcd at the Coffee Palace Th:s was on August 28th, and Thomson refused to give possession then as he said he had not got the place ready. She had not got possession subsequently. About six months previous to the fire Thomson came to her and offered hci £150 for the goodwill. and the return of tho premiums in tho insurance policies, as he had a good offer to sell. Subsequently he brought a docnine!it for her to sign agreeing to sell for £150. This witness refused ,to do. There were 14 rooms in the building and about. 28 beds, tho tariff being 4s 6d per day. During the eighteen months she was in possession her average earnings were about £o0 per month. To Mr Pownall: She bought the £75 worth of goods from several merchants in Wellington. There was only £5 worth of clothing for her own personal use. Mr Thomson had offered her £150 for the goodwill of the lease It was not correct that ho offered this because she was knocking the furniture about. It was not'a fact that some of the furniture was missing beforo the fire. George G. Dowries, solicitor, Dannevirke, gave evidence as to the preparation of the lease. Patrick Fitzherbert., solicitor, stated that tho first intimation he got of the case was when Miss Stevenson asked when Mr Thomson was going to give up possession. Witness went ar.d saw Thomson and asked him when ho was going to give up possession, to which he replied : " When I am ready." Subsequently, on August 28th, Thomseit had told him he would give possession on the following Wednesday. Defendant had never definitely refused possession, but had temporised and made complaints i'S to alleged damage done by Miss Stevensen. Witness had asked defendant to point out the damage done, and on examination found that tho objections were frivolous. There was no doubt he kept plaintiff waiting needlessly Ilene Conville stated she had been boarding with Mies Stevenson for about eleven months. The fire had done a great deal of damage. Miss Stevenson vas doing a good business previous to the fire. / To Mr Pownall: To her knowledge no furniture had been removed from the dining-room after the fire. She did not know whether Miss Stevenson had a key to admit her to tho downstairs portion of the building. Sho knev that Miss Stevenson had had to pay .£] per week for the use of the outbuildings after the fire, and never heard her cypress any objection to doing so. ' Josephine Kelly stated that she had been staying at plaintiff's boardinghouso in Dannevirke. Sho saw the house after the fire, and it was very much damaged. To Mr Pownall: She occupied one of the rooms outside after Iho fire, and shared a room with Miss Stevenson. After hearing the evidence, his Honor awarded plaintiff £150 d. images, with costs on tho lower scale. DIVORCE. Ebart . Robert Saunders (Mr Beale) applied for a dissolution of his marriage with Mary Alexina Saunders on tho ground of desertion. No defence was (lied, and a decree nisi was granted, to ibe made absolute at .the expiration of three months, petitioner to have charge of the children.