LEASE OF FARM

Otago Daily Times, Issue 27012, 22 February 1949, Page 9

LEASE OF FARM

BREACH OF COVENANT PROVED RESERVED JUDGMENT In a reserved judgment issued yesterday, Mr Justice Fleming found for the plaintiff in the case in which Winifred Mary Kirkland, married woman, Mosgiel. proceeded against Alexander Clark and Stanley Clark, farmers, Wyllie’s Crossing, and James Douglas Redmayne Dyer, farmer Mosgiel, and Lawton Spencer Dyer, milk bar proprietor, Invercargill The claim was for £1663 for alleged breaches of the covenant of the lease of a farm property of about 396 acres in the East Taieri district. The case was heard in June of last year. His Honor gave judgment in favour of the plaintiffs for the sum of £1527 15s Bd, with costs according to scale. As between the two sets of defendants (Clark Bros, and Dyer Bros.), his Honor said he accepted the evidence that when Dyer Bros, took possession, the covenants in the lease had been complied with. " I find, therefore," the judgment continued, " that the breaches of covenant that have occurred and for which judgment is given, were committed during the five years of Dyer Bros.’ .occupation. Clark Bros, are entitled to be indemnified by Dyer Bros., and I so order. I also order Dyer Bros, to pay Clark Bros.’ costs incurred in defending this action according to scale, together with disbursements and witnesses' expenses to be fixed by the registrar.” Mr I. B. Stevenson, with Mr J. P. Cook, appeared for plaintiff, Mr A. G. Neill for the two Clarks, and Mr E. J. Anderson for the two Dyers.