LEASE BROKEN BY SALES OF BREAD.

Star (Christchurch), Issue 18091, 26 February 1927, Page 2

LEASE BROKEN BY SALES OF BREAD.

DAMAGES AWARDED AGAINST LANDLORD. " It is common knowledge that many grocers sell bread, and I agree with counsel for the plaintiff that the letting of the shop to Mulholland to carry on therein the business of a grocer was a breach of the provisions of clause 8a of the lease.’ said his Honor Mr Justice Adams, in delivering his reserved iudr.ment in an action brought by Samuc. Needham, grocer, of Addington, claiming £250 damages from Frederick William Devereux. of Auckland, for breach of a lease for a shop in the “ Progress Buildings.” Lincoln Road. Addington. Judgment was entered for the plaintiff. the damages being assessed at £2O Costs were allowed to the plaintiff on the lowest scale. The plaintiff, a -baker, occupies a shop in Lincoln Road, which he holds under a lease from the defendant. The lease is dated October 18, 1923, and contains the following provisions. “3. The said premises are let for the business of a baker and confectioner only and the said landlord agrees not to let any shop in the same block of buildings for a similar purpose." “ Ba. The said landlord hereby agrees that he will not allow the tenant of any other shop in the said block of buildings to sell bread, except that which is made by the said Samuel Needham, provided always that the said Samuel Needham agrees to sell any bread that any other tenant of the landlord may require for re sale at the usual market price." Needham claimed (1) an injunction restraining the defendant from allowing one of the tenants of the buildings, F. Mulholland. grocer, to continue to sell bread not made by Needham, and (2) £250 damages. During the hearing, which took place on Thursday, the action for an injunction lapsed. After reviewing the evidence his Honor said that on the facts the plaintiff was entitled to ask for an injunction and the action was therefore properly brought. Judgment would therefore be entered for the plaintiff, with costs on the lowest scale.

Mr Thomas appeared for the plaintiff and Mr Sargent for the defendant.