RACE-MEETING PRIVILEGES.

New Zealand Herald, Volume XXXI, Issue 9582, 6 August 1894, Page 3

RACE-MEETING PRIVILEGES.

TONKS V. CUMMING.

At the Magistrates' Court on Saturday morning Mr. R. S. Bush, S.M., gave judgment in the case 7 of Digby Tonka and Co. v. John Mncnicol Gumming. The action was to recover from defendant £31, the price at which Mr. Camming purchased the privileges !of the June meeting of the Auckland Coursing Club. The defendant had set up a counter claim for £15, as damages for the alleged misrepresentation that it was stated special trains would be run on the day in question. Mr. J. W. Gittos appeared for the plaintiff and Mr. M. McGregor for the defence. The case was heard on July 24, when judgment was reserved. In giving his decision on Saturday Mr. Bush said that a point had been raised that this was a contract arising out of land, and must therefore bo in writing. He bad examined the cases quoted, and came to the conclusion thab "they did not affecb the present one. In the case of Wood v. Lake, Taylor :v. Walters, it was i held that '*a license to enjoy beneficial privilege in land might be granted without a deed. There was also the case of ; Fisher ;v. Marsh. Under those circumstances'he was of opinion thab the plaintiffs,was' entitled to recover i the? full *;■ amount 'claimed.■■# The counter claim would be • disallowed, as it was really in the nature of a set-off. The defendant) had bid £29 before the special trains were mentioned, and the £30 : was bid ,by another. If any inducement was given it would seem to "t have been *by the committee. Judgment was, therefore, given {fm.*&* plaintiff for £31, and costs £4 14 a.