PROPERTY-OWNER'S CLAIM.

New Zealand Herald, Volume XLVIII, Issue 14809, 12 October 1911, Page 5

PROPERTY-OWNER'S CLAIM.

SUIT FOR £143 DAMAGES. ! TENANT .. ANDHOUSE:. AGENT., . -SUED* ■ • -.

At ' the Magistrate's Court, before' Mr. J C. C. Kettle, S.M., yesterday, Mrs.' A. ;J. Booth, a lady who is the owner of a furnished house at Ellerslie, claimed from E. H. Pearson, a horse trainer, and from an Auckland firm of house ; agents, the sum of £143 damages, > which she alleged she had sustained through the - wrongful. acts of the defendants. ? ' The : statement of claim set out that plaintiff's instructions to the agents, whom she had asked to lease her house had not been . duly , carried out, and that the tenant to whom the- agents had leased the property had through negligence and misuse of the premises caused the damage complained of. Mr. Kettle intimated that he was doubtful whether he should sit to hear the case as the plaintiff had written many letters which he had not attempted to read in regard to it. .

Mr. E. W. Burton, counsel for the defendants, and Mr. F. G. Dunlop, who appeared for the plaintiff, said they had no objection to the magistrate proceeding with the case, which was then outlined by Mr. Dunlop. It appears that Mrs. Booth desired to leave Auckland and visit New Plymouth,' and made arrangements with . the land agents for the lease of three furnished rooms in her home, while the other three were to be placed under lock and key. The place was Jet, to Pearson, who, com-, sel said, had occupied the house, with 1 his wife, his brother and five children. Plaintiff, said counsel, ha' stipulated that as tie furniture was valuable the premises were' not to, be let to a family with, children. When plaintiff returned', to Auckland,, added counsel, the defendant Pearson had vacated the house, having paid only one week's rent, and almost all the furniture was more or less damaged,, while the gates and fences had been used for firewood, .the fowlhouse destroyed," and the whole: place was in such a condition that an intending purchaser would have nothing to do with it. The whole place was indescribably dirty. . Three witnesses in support of the. plaintiff's case were called, but the defence was, not entered upon. From the character of the cross-examination it appears that } defendants say there was no . negligence on the part of the land agents, who were not required , to make investigation; as to the suitability or otherwise of the tenant, and that in any case nothing like the amount of damage alleged had been done to. the property. The case was adjourned until Tuesday next.. . . .... : •