SUPREME COURT.

Star (Christchurch), Issue 16284, 26 November 1920, Page 8

SUPREME COURT.

CIVIL SITTING, . His Honor Mr Justice Her dm mi continued the civil sittings of the Supreme Court to-day. ' MARKETING a PATENT’. A case brought by James Carlisle \Muteninn, Christchurch, against Ernest Robert Gochvard, engineer, Christchurch, had been partly heard the previous day and. adjourned till to-day. tiie claim was for an order instructing defendant to transfer to plaintiff 2300 shares in the Echpso Petrol Economiser System Company, and £250 damages for falling to transfer the shares in August last, or £llsO damages. TV cetenco was that contracts by defendant to sell shares to plaintiff were conditional, and that the conditions had not been complied with. Mr M. J. wesson appeared for ulaintic and Air rio ~ P ers f° r defendant. When the case was called on *j a in Alp Grcsson stated that it had been settled out of Court, and it was struck QUESTION OF DAAIAGES. The assessment of damages in a case decided by the Court of Appeal was argued before his Honor. The case was hoard originally in the Supreme Court, Christchurch, on October 30 my . ' vhen Henry James Knight, far’ mer, Christchurch, and John Ai'Lennan, farmer, Alethven, sued the Namnal Mortgage and Agency Company and William Ashton; fanner, Ashburton, lor the sum of £357, for damages done by defendants’ sheep to cocksfoot along roads controlled by the Aioniit Hutt Road Board, plaintiffs having been given the rights to the cocksfoot there m respect to the 1919 crop. The damage was done by sheep being driven along the roads. His Honor had held that the contract under which plaintiffs bought the rights was ultra vires, and gave judgment for defendants with costs. The Court of Appeal, mdmg that plaintiffs had a claim at aw allowed plaintiffs’ appeal against his Honor’s decision. The assessment ot damages was left to the Supremo IT Uphaui appeared for plaintiffs Air AI. J. Gresson for AshVm. and Mr F. S. Wilding for the company. Ho "?r gave judgment for plaintffo tor £lio, with costs as per scale.