INJUNCTION NOT GRANTED

Taranaki Daily News, 16 August 1934, Page 9

INJUNCTION NOT GRANTED

MANAWATU PILOT FOR AIR RACE. ALLEGED CONTRACT NOT PROVED. By Telegraph—Press Association. Wellington, Aug. 14. Holding that .the plaintiff had not proved a contract, Sir Michael Myers, Chief Justice, in a parole judgment today dismissed the claim by Major G. A. C. Cowper for an injunction restraining the Manawatu Aero Club from exercising the right of competing in the

handicap section of the Melbourne centenary air face without his inclusion as one of the pilots.

Sir Michael Myers said that since yesterday he had had an opportunity of reading all the papers in the case. After reading them and considering the arguments addressed to him by counsel he had come to the conclusion that Cowper had not proved the alleged contract. After reviewing what had taken place between Oram and the club, His Honour said to his mind it showed that if a contract was made at all it was made with Oram, not with Cowper. Cowper was Oram’s agent, not Oram Cowper’s agent. Even if the contract were between the club and Cowper, there would still be the difficulty in the way of Cowper’s obtaining an injunction. The contract, if a contract there was, was a contract of personal service, and it contained no negative stipulation. In such circumstances an injunction was not granted.