CLAIM BY AIR PILOT

New Zealand Herald, Volume LXXI, Issue 21879, 15 August 1934, Page 12

CLAIM BY AIR PILOT

DISMISSED BY COURT CONTRACT NOT PROVED [BY TELEGKAFH —PRESS ASSOCIATION] WELLINGTON, Tuesday Holding that plaintiff had not proved his contract, the Chief Justice, Sir Michael Myers, in a parole judgment to-day, dismissed the claim by Major Cowper for an injunction restraining the Manawatu Aero Club from exercising the right of competing in the handicap section of the Melbourne Centenary air race without Lis inclusion as one of the pilots. The Chief Justice said that since yesterday he had had the opportunity of reading all the papers in the case. After reading them and considering the arguments addressed to him by counsel, he had come to the conclusion that plaintiff had not proved the alleged contract. After reviewing what had taken place between Mr. M. H. Oram and the club, His Honor said that to his mind it showed that if a contract was made at all it was made with Mr. Oram and not with Major Cowper. Major Cowper was Mr. Oram's agent. Even if the contract were between the club and Major Cowper, there would still be difficulty in the way of; plaintiff obtaining an injunction. Thoi contract, if contract there was, was a contract of personal service, arid it contained no negative stipulation. In such circumstances the injunction was: not granted.