MAGISTRATE’S COURT.

Otago Daily Times, Issue 20174, 11 August 1927, Page 6

MAGISTRATE’S COURT.

In the Magistrate’s Court at Oamaru yesfcerday, before Mr H. W. Bundle, b.M., judgment was given for the plaintiff by default in a case in which A. Frame claimed £l4 from Warwick Ladd. Court costs amounting to £1 3s were also allowed. A defended case was heard in which Helen Jane Gibbs claimed from Alexander iait the sum of £55 for rent of a stable. Mr P. C. Iljornng appeared for the plaintiff, and Mr H. J. Grater for the defendant. The Plaintiff, in her evidence, stated that the defendant had been renting her stable for a period of 13 years. Three years ago witness bad expended £IOO in improvements to the stables. An arrangement was then made that the defendant should pay £3 a week. The stables bad been vacated by the defendant in Decomlici'. Witness at no time had agreed to accept £1 10s per ween. The defendant had brought a Mr Hussey to witness, and the proposal had been made that Hussoy should lease the stables at £2 10b por week, plus rates and taxes. Witness agreed to this proposal, but the transaction was not completed. Mr Hugh Robertson had been collecting the rent since witness had been ill. . , To Mr Grater: The defendant had asked on one occasion for a reduction of rent, on account of the falling off in trade, but witness had not agreed. Mr Hussey, who wanted the premises for a garage, had not been told that the rent paid by the defendant was 30s a week. , Hugh Robertson, accountant, staled mat Miss Gibbs was an old friend of his, and he had been collecting the rents for her. After the transaction with Hussey had fallen through, the defendant saw him and said ho could not afford to pay the rent. Witness asked him what ho thought the stables were worth, and the defendant said he would not give 30s per week for them. Witness then told bun he had better got out. Witness had made no arrangement to accept 30s per week. Witness had collected the rent in various sums from tunc to Akwandcr Tail, the defendant stated that he had rented the stables from Miss Gibbs, He vacated them in December last Ho had frequently told Miss Gibbs that the business was not paying, and that ho could not carrv on. He had to supplement his earnings by carting. Ho went to Miss Gibbs in Juno- and told her that it was impossible for him to continue, bho then asked him to carry on at week until she got another tenant. Witness had introduced a prospective tenant named Hussey, but the transaction had fallen through Witness liad told Hussey ho was paying 30s on sutfeTo°Mr Hjorring: Witness had always found the plaintiff a. straightforward woman He could not understand why she should deny the arrangements for the payment of 30s a week. Sne had complained to mm that he had told people he> was only jr mg 30» a week. Witness told Robertson that he had arranged with Miss Gibb« to pay 30s par week. Witness could not say ’.ow muon rent he was now owing. , William Simpson, farmer at Ardgowam deposed that ho had interviewed Miss Gibbs in Regard to the stables, He said Tail had told him he was paying 30s per week. Miss Gibbs admitted that she had made a reduction to Tail, but said she would require to see a friend. To Mr Hjorring: Witness liter saw Miss Gibbs, and she told him she could not accept loss than £3 per week, as she had spent a lot of money on the place M ' as had not toid him that she had icfused a reduction to Tail. ■ i hn William Shirkey, butcher, said that no had heard an argument between Robertson and Tail about tho rent. Robertson had claimed that the rent was £3 perweek, and Tail contended that it was only £1 10s His Worship said there was a direct conflict of evidence between the parties. In such circumstances, the court must be guided by the definite arrangement that Sad originally been. made. There was no agreement in writing, for a ,, red “ t fl 1 °": Judgment would be given for the amount claimed, with costa.