SUPREME COURT

Star (Christchurch), Issue 4884, 24 February 1894, Page 5

SUPREME COURT

—^ . [Peb Prxss Abscoia-txq&.l WELLINGTON, Fbb, 23. la the Supreme Court tME afternoon, the case in which Siater Mary Joseph Anberfc sued Orlando Kempthorne, of the New Zealand Drug Company, for -£500 damages for breach of contract, was concluded. The Chief Jaatioe said the question, he had to consider was whether the plaintiff continued to make medicine in the way in which ehe had been making it before. He thought there was no evidence from which he could conclude that she did not do this, and he waa of opinion that the plaintiff was entitled to expect that the defendant would take from her the thirty-five gallons in respect of which ehe now sued him. The defendant must pay damages in reapeot o? thirty-five gallons whioh he had failed to take between 1892 and 1893, and for the loss which the plaintiff had sustained, by reaoon of his not having taken it. la BGaoaamg the amount he was somewhat in tho dark, but he thought the plaintiff would be compensated if he allowed her on thirty-five gallons, giving £210. Judgment would accordingly be given for that amount, with oosts aocording to soale. As regarded the counter claim, he did not think the defendant had made out his case. He would allow only aotual Co3ts, at the two claims were heard together, and would certify for an extra day.