S. M. Court

Southland Times, Issue 19003, 24 March 1903, Page 4

S. M. Court

FRIDAY, 20th MARCH

Before Mr S. E. McCarthy, S.II.

In the case It. J- dimming v. J._ E Toole, a claim of 4s refund oi rates paid ,by vendor of property sold by the plaintiff, as agent, to tho defendant, for the period niter the sale his Worship save judgment nonsuiting the plaintiff, considering that provision should have neeu made as to tho apportionment of the rates at the time of sale.— Mr Stout for plaintiff ; Mr W. Macalister lor defendant. Leave to appeal was granted, as the question is of importance to land agents. ... p Wertheim v. D. Hyland, claim of £5 3s 6d for wages, and £6 lor wages in lieu of notice The_ defendant counter-claimed for £'1 i>s passage money from Tasmania and £v damages.— Mr Stout for plaintiff, and Mr W. Macalister for defendant. PlaintilT had .been employed as •' strong man " at Hyland's circus, but owing to illness had not accompanied the circus to th 6 country towns. 'He alleged that in consequence he liad been discharged by the defendant, hence the claim. He, adijnitted that he was only paid for nights on which he performed, AA per nigM. Defendant disputed the wages claimed, and denied having discharged the plaintiff. He said that plaintiff had left him in the lurch for no reason, and that he had incurred loss through the plaintiff breaking his engagement. He also claimed a return of the passage money from Hobart to Bluff paid by him on the understanding that plaintiff would stop three months at least with the circus. After evidence his Worship gave- judgment for defendant on the counter-claim, and for plaintiff for £5 3s 6d. the wages claimed. He found that the engagement was liable to ,be terminated at any time by either party without notice. On the other hand, the reason of the plaintiff not accompanying the circus was indisposition, and, that being so the defendant acted unreasonably in determining . the engagement.