MAGISTRATE'S COURT

Southland Times, Issue 16746, 27 May 1911, Page 7

MAGISTRATE'S COURT

. FRIDAY, MAY 26. (Before Mr G. Cruickshank, S^L) JUDGMENT SUMMONS. J. T. Crofts sued D. Jerome for £3 5s 6d on a Judgment summons. An order was made for the payment of the amount by instalments of 10s per month, the first payment to be made on June 2. ' RESERVED JUDGMENTS. Jno. Whittaker v. J. Swale. —His Worship gave his reserved Judgment in this case as follows:—“I can find nothing to alter the opinion I expressed at the trial. Here the defendant gave the plaintiff a grey mare to serve and the plaintiff did all in his power to carry out the contract. When once a mare is given to a stallion owner a contract Is entered into and if the owner of the mare refuses to allow any service or otherwise falls to perform his part of the contract he must pay damages for the breach of this contract in the same way as if he had broken any other contract. Judgment for plaintiff for £2 2s with costs 405.” '

Jas. Walker v. G. A. Whealler.—"The facts show that the plaintiff agreed to do all the carpenters’ work on defendant’s house and to carry on the work In an expeditious manner from start to finish and to the satisfaction of defendant's architect in accordance with plans and specifications. The evidence given has been voluminous, but the broad fact seems clear that the work has not been of a tradesmanlike quality. The standard of work required in a house of this size Is necessarily of a high character, certainly of a higher character than that given by the plaintiff. I am satisfied that the plaintiff has failed to build the house in a tradesmanlike manner, and therefore the claim fails both for the balance of the contract and also for the damages. As for the extra, I allow £2 13s and costs £1 65.” W. H. Whitaker v. Jas. Altken.—"lf the lessor sues during the currency of the term for breach of covenant to repair, the damages are the amount to which the saleable value of the reversion Is Injured by the non-repair of the premises. The balance of the term and all the circumstances must be taken Into consideration and the damages must be assessed at such a sum as reasonably

represents the damages which the lessor has sustained by reason of the breach of covenant. In this case I am satisfied there has been no surrender by act of the parties and that the sum claimed represents the amount which the building would depreciate in value If left unrepaired. Judgment for plaintiff for £SO with costs £5.” Security for appeal was fixed at £7O.