CIVIL CLAIM

Otago Daily Times, Issue 26625, 22 November 1947, Page 9

CIVIL CLAIM

POSSESSION OF SHOP •• There is no evidence to show that £4OO was paid to the defendant as a premium on the lease. For all the court knows it might have been some airy ‘ try-on,’ although the defendant might like to be given £4oo,’’ said Mr J. D. Willis, S.M., in the Magistrate’s Court yesterday when H. E. Shacklock, Ltd. (Mr D. L. Wood) claimed vacant possession of a shop at 331 George street from Richard Henry Braumann (Mr F. W. Guest). Mr Wood submitted that the defendant had arranged to lease a shop at 341 George street to carry out his business there, as the premises at 331 George street were too small. When it became known that he intended to vacate, several persons visited the shop, said Mr Wood, and the defendant offered to sublet the shop for sums ranging from £250 to £420. Counsel claimed that by doing so defendant became an undesirable tenant, and further, that as defendant had broken the regulations, he was not entitled to their protection. Evidence for the plaintiff was given by John Thomas Shaddock, general manager of H. E. Shaddock, Ltd.. Alexander William Macdonald, land agent, and Walter Cecil Whitworth, local manager of Self Help Co-op., Ltd., after which the magistrate adjourned the case until Monday.