DISPUTE OVER A LEASE.

New Zealand Herald, Volume LIX, Issue 18202, 22 September 1922, Page 9

DISPUTE OVER A LEASE.

JUDGMENT FOR PLAINTIFF. DAMAGES REDUCED TO £225. Damages amounting to £225 were awarded to Thomas Tooman (Mr. Hogben), as compensation for breaches of an agreement with regard to the lease of a farm in a reserved judgment, given by Mr. Justice Stringer at the Hamilton Supreme Court, yesterday. The defendant was George Powell (Mr. Ostler), both parties being farmers at Te Teko. The case occupied four days in hearing, in May and July, the jury awarding the plaintiff £441 damages. Judgment was withheld pending consideration of points' oT law. His Honor held that a point raised for the defence, that as the defendant was a native and the land was native land the contract was illegal, could not be sustained, as Native Land Boardß had certain powers to permit such a lease as the one in question. Dealing with the respective issues submitted, to the jury, covering items for which damages were claimecl His Honor sustained the jury's findings in all the issues except those relating to loss of pasturage, assessed at £16, and losses through failure to supply efficient milkinp machines, and resulting from want oi machines, assessed at £200. In connection with these latter items, His Honor held that the plaintiff was at liberty to instal additional machinery, with certain specified rights as to the disposition of the same, and was also in possession of the farm for two months before the lease commenced and had his remedy if the machines were not fit for their purpose. The amount of damages awarded by the jury was therefore reduced by £216, and judgment given for the remainder, £225, with costs. The original claim was for £1237 damages