WATER IN THEATRE.
CASE AGAINST CONTRACTOR. FROGS IN THE BUILDING. ATTACK ON CONSTRUCTION. Provided with n bundle of sodden confectionery, H. Oakley Browne, lessee of the Delta Theatre, New Lynn (Mr. Hall Skelton), claimed £378 from George Vincent Mullenger (Mr. Cocker) in the Supreme Court yesterday, for defendant's alleged failure to complete a contract to render the theatre tenable and weatherproof. Plaintiff alleged he had sulfered £3OO general damages through loss of patronage of the theatre and £7B damages in respect to ruined stock of the shop conducted in conjunction with the theatre. Mr. Hall Skeltou said defendant and a Miss Mitchell, an architect, entered into an arrangement with plaintiff for erection of the theatre. Plaintiff took a fiveyears' lease from July 28, 1926, on the understanding that tho premises were to be constructed in accordance with reasonable weather-proof specifications. The building had been erected with concrete blocks, and defendant had not finished the exterior in accordance with.the contract He had also failed to remove a fence to give access to a motor-parking area. Plaintiff, in evidence, said ho was compelled to close the theatre at Christmas on account of flooding, Rain had entered the living quarters, and confectionery in the Ehop had been ruined. Mullenger had suggested that witness and his family might resort to bathing-suits, and had made no attempt to ronder the premises waterproof. The conditions had even attracted frogs into the building. Witness had been compelled to provide an interior spouting in the theatre to collect the leakages. The defence was that Mullenger had done everything provided for in tho contract, and th-it there was no obligation to guarantee immunity from the weather. The case was adjourned until this morning.