COURT OF APPEAL.

Otago Witness, Issue 3673, 5 August 1924, Page 49

COURT OF APPEAL.

WELLINGTON, July 28. The Court of Appeal this morning gave judgment in the case Cleave against Wairakei. Ltd. The appeal was allowed, and judgment was entered for appellant on the fourth fifth, and sixth causes of action, with costs according to scale as on a claim for £6000; and for respondent for £2051 on the first cause of action, with costs according to scale. , . .1 „ _ The Court also gave judgment in the case Cleave v. M‘Donald. An appeal was from the decision of Mr Justice Herdman who refused a new trial m M Donald v.• Cleats, in which the jury awarded plainuff i damages for fraudulent, misrepresentation aa fbe result of which plaintiff took shares in Wairakei. Ltd. The Court held that the jurv had been very fully and fairly directed bv Mr Justice Herdman on the point, and vvas entitled on the evidence before it to award the damages it did. & The .Full Court judgment in the case Barker versus Barker is to the effect that the refusal of his wife to cohabit does not constitute a wilful desertion.