ACTION FOR DAMAGES.

New Zealand Herald, Volume LVII, Issue 17649, 9 December 1920, Page 8

ACTION FOR DAMAGES.

ALLEGED BREACH OF LEASE.

The action in which Ernest Edwards (Mr. A. Hall Skelton), fruiterer, of Grey Lynn, claimed from Joseph Wilkins (Mr. A. E. Skelton), gardener, of Mount Albert, £700 damages, for alleged ? breach of the conditions of a lease of a property at Mount Albert, which was commenced on Tuesday, was continued yesterday at the Supreme Court, before Mr. Justice Cooper, and a jury of 12. Evidence in support of the claim was heard on Tuesday. Counsel for the defendant moved for a non-suit on three grounds. These were (1) that the contract embodied in the lease did not -satisfy the Statute of Frauds; (2) that if it was held to be sufficient, there was no. evidence f of any breach, because the evidence 'did not prove that a s/le had been effected over the plaintiff's head; £5) that the plaintiff had not complied with the conditions of the lease. 'The Judge reserved the non-suit' points for consideration. ' ..■-•- '."'"..

Evidence for the defence was given at length by the defendant and Bruce Scott, solicitor, -who* had acted for the defendant in respect to the alleged sale of the property at Mount Albert by the defendant to a. third party. It was stated by the latter -witness that the sale to a third party had not been completed. Evidence regarding the value of the property was given for the defence by C. F. Bennett and T. B. Clay. iCounsel agreed to confer regarding ' the issues to be placed before the jury, and the Court adjourned till to-day.