ECHOES OF THE EXHIBITION

Otago Daily Times, Issue 14088, 17 December 1907, Page 6

ECHOES OF THE EXHIBITION

CLAIM FOR DAMAGES, 1! KM APvKABLE EVIDENCE. (Pkk Uxited Phess Assochtioh.) WELLINGTON', December 16. Dunns- (he suit brought by George Scott ajaiimt the Crown [or £1,500 damages for breach of .vwirait, plaintiff gave evidence that a number of retail vendors sent in tenders. Mr Mimro, :ho general manager, showed hi in the figure*, but riot the nauics, and save him Ihe option of tendering slmvo them in one compact tender. Witness udded: "If he has given me away 1 must give him away."

Counsel aftenvards cuggesled that this was a convenience which saved the Exhibition authorities the trouble of dealing with a lot of scattered tenders, and there was nothing wvong in ii. Mr Justive Button remarked that, wilmvs apparently thought there tva-s something' wrong in it. Mr Mikii'o, tho manager, giving evidence to-day, sakl he gave .Scott the aggregate lenders, and the hitter altered his tender, which wa.s then acceulcd by the commissioners, subject to a. certain minute. \ViI - ness was not promised any consideration hv Hcott. and never received any. His Honor: Do you think it. was quite fair lo the other exhibitors to allow Scoll to do that? Witness: I did not, your Honor. Should I be asked thai? lik Honor: Yes, I think so. It was between you and Mr Scott. He was just as much in it as you. After pause, his Honor said: Very woll, you don't tliinlc it quilo fair. Still you allowed ii? Witness: Yes, your Honor. I would like lo Kty that all I ever got for helping ScoU was Die betrayal of confidence that occurred on Friday. Mr Skiirrett: 'l'his slalcment you volunteered is rather a confession and not an explanation. What was the motive that made you put youiself in a worse light! Witness: The presumption was that. Mr Scott gave me something to do it, and I wanted the world to know that I got nothing fc\- it. Mr Skerreti: Was it in spite towards Mr Scott'! Witness: No. Mr Slterreu : Have you not threatened him lo do it? Witness: No; I told Scolt I would be fair to myself. Later on. counsel asked Mr Monro if he could give him the name of one commissioner he had not quarrelled with during the time of the Exhibition. Witney repudiated the suggastion. and said if lie had the list of commissioners and concessionaries he could give him fiix or seven hundred. After that tho jury wanted to have M'lntyre called af, a witness, because he had been detailed lo close Scott's si-alls, but it was not pressed. At tin; conclusion of the evidence the following' issues, framed by counsel, and of which the court approved, were submitted to the jury, it having been agreed that on the motion for judgment any other question of fact not inconsistent with Ihe liw'.'ig of the jury might be determined by the court. The jury, after deliberating for two hours ami three-quarters, returned the answers appended: —

1. Did George S. Munro bring- to the knowledge of the plaintiff tho minute in red ink at the foot of tlio letter "Exhibit"? {Tin's exhibit lias reference to a minute of the commissioners who authorised the acceptance of plaintiff's tender, subject, to his entering into a proposal and approved contract.)—Xo.

2.):<. l tlcorge S. Monro revoke and determine the right or license to oerupv the space granted to the plaintiff for exhibiting his goods?— Yes.

5. Did George S. Munro seize, detain, and convcrt to the use of the commissioners the goctls and property of the plaintiff contained in such miace?— Yes. '

4. Did George S. Munro revoke ami detonnini! the right or licence to oocupv tho sale stands srjriletl to the plaintiff?— Yes. 5, I):< 1 George S. Munro seize, detain, an<l convert tu the use of the commissioners •ho goods and property of the plaintiff contained in such sale stamis?—'Ye,s,

6. Wlial ilaraajfcs is t)io ,*lairvttJV entitled to—(a) in rcspsct of tho Exhibition stand?£500; (b) in respect of the sale elands';— £1000.

TJio total amount of tho verdict for tlio plaintiff is therefore £1500. The motion for judgment, was reserved, niul also all questions of costs.