DISTRICT COURT.

Wairarapa Age, Volume XXVIX, Issue 8145, 21 May 1906, Page 5

DISTRICT COURT.

M ASTERTON—S ATURD AY, (Before His Honor Judge Haselden). The quarterly session of the Wairarapa Distriot Court was concluded on Saturday morning. KAITUNA CO-OPERATIVE DAIRY COMPANY" v. HOLMWOOD. In the oase of the Kaituna Cooperative Dairy Company v. Edgar L. Holmwood, a claim for £4B damages for alleged breach of ooutraot, His Honor, after;having beard considerable legal argument, retracing the grounds covered in the Magistrate's Court, s non suited plaintiffs, with costs. In giving judgment His Honor said the unkindest tbing he oould do the plaintiffs would be to give a judgment in their favour, when there was bound to be an appeal. Defendant having sold his farm applied to the company for cancellation of his shares and return of money paid, under Article 10, which was declined. No sane man I would enter into suoh an agreement as that under Article 3 without relying upon the benefit of Article 10, whether that article was valid or not. There was no equity in favour of plaintiff company, ana its demand for damages was most unreasonable. Articles 3 and 9 must be read as oue oontract. The proper judgment was that asked for by defendant. It was not for him to undertake the assessment of damages, and if plaintiffs wished to assert their right to the remedy claimed they must go to the Supreme Court. It is understood' that Mr F. K, Jackson, counsel for plaintiff, intends to go to the Supreme Court accordingly. PROBATE OF A WILL. On the motion of Mr D. K, Logan, instructor! by Mr P. L. Hol--1 lings, probate was granted of the will of the late Mr William Adams, of Masterton.

CABLE NEWS.

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