AN EXHIBITION CASE.

Otago Daily Times, Issue 14213, 14 May 1908, Page 8

AN EXHIBITION CASE.

A DISPUTED CONTRACT.

{Pep. United Press Association.) . CHRISTCHURCII, May 13. At j, sitting of the Supreme Court in Banco, before Mr Justice Dennieton, Mr Goorjjo Harper (representing Mr William Minson) and Mr Cassidy (representing the Exhibition Commissioners) appeared to present argument on certain questions submitted by Mr V. (J. Day, S.M., who is acting as arbitrator between the parlies for-a. decision of (ho Supreme Court. 'Hie ■facts of tho case as stated by Mr Harper wero broadly its follows;—W. Minson, while chairman of the Home Industries Committee, entered into an informal agreement with the commissioner. l ; to erect- and equip a boarding-house capable of accommodating 500 school children, and to cvjuduet, such boarding-houso for the accommodation of such school children and their parents during tho period of the Exhibition. It was agreed thai a -snlisidy of £450 was to bo jra-id by the commissioners to Mr Minson in respect to tho undertaking. Mr Minson subsequently transferred the undertaking to Jlr F. A. Cook, who on three occasions broke tho agreement by refusing to accommodate school children. The commissioners thereupon refused payment of tho subsidy. The questions submitted by tho arbitrator were as follow:—(1) At what time was the subsidy payable? (2) Had William Minson power to enter into an arrangement with Frank A. Cook without tho consent-of tho commissioners? (3) Did tlio facts as stated constitute a waiver of the condition precedent to the payment of tho subsidy? (4) Did the refusal of Frank A. Cook to accommodate school children during certain periods amount to a breach of contract entitling tho commissioners to damages for such breach, or if it was held ,under the first question (hat the subsidy was not payable until the contract was fully carried out, did such Tefusal constitute a bar to the said W. Minson claiming the subsidy? After hearing argument, his Honor gave judgment as follows:—(1) 'That tho subsidy was due at some time ouring the erection of tho building; (2) that W. Minson had powor to cuter into an arrangement will) A. Cook, tho nature of the agreement with tlio commissioners not excluding any such powers. In regard to question °3, he would not, answer that, as he did not admit any condition precedent. Tho amount of damages for breach of contract must be loft to the arbitrator.