RACING DISPUTE

Pahiatua Herald, Volume XXXVIII, Issue 11401, 21 March 1930, Page 3

RACING DISPUTE

UNUSUAL CLAIM

Electric Telegraph—Press Association

GISBORNE, March 18. -- 1 ■ unusual civil action of. importance to racing clubs and their offisr' a!s - , c-amc before the- Magistrate, ■Mr Harper, a f tit© Court to-dav. when Ralph Howard, Skip with, offi-cial-starter to the Poverty Bay Turf Club, claimed liis usual lees for a two days’ meeting. The meeting was set down for October 24 uiid 26, but bacl weather necessitated a postponement to October 26 and 28.

Skipwith had made a prior engagement to start at Cambridge on October 28 and- therefore, could not start at Gisborne on the- second day. The club- therefore engaged the services of another starter, one J. D. Donoof Hawkels Bay. and paid him £25.

'Skipwith claimed that he had fulfilled Ins part of. the contract by bomg m readiness to start on October ,• an <l claimed title usual fee of £35.

For the club, the president. J. W. Aclan, and the- secretary, D. R. <le Costa,, denied that plaintiff bad carnod out hi s duties and counter-claim-ed ior the- £25 fee paid to Donovan After evidence had been heard tp-c Magistrate said th e whole question at issue was whether plaintiff y.n.s engaged, as he- stated, to start tor tne club on October 21 and 26 or to start at the October meeting’ a-s stated by the chib. The Magistrate said he must hold that the contract wag that plaintiff should start on October 24 and 26. Plaintiff was in Gisborne on those days and was ready and willing to perform- his part ot the contract, but' owing to- the weather, the races through no fault of. his, were postponed. The Magistrate admitted that this was a handicap on the clnlv. but it was one which, could not have been avoided and the. club must be preoare<. to find a- substitute for : n officer who was not able to remain on the spot.

Judgment was given for Skipwith for the lull amount oif the claim and also. on the counter-claim, with