RESERVED JUDGEMENT.

Wanganui Chronicle, Issue 12857, 29 January 1913, Page 6

RESERVED JUDGEMENT.

REID v. FINER

Mr W. Ktfrr, S.M., yesterday deli vered his reserved judgment in the case of Reid v. Finer and the following is an abridgment:—The action was brought to recover £61 10s 9d, alleged to be due in raspect of part of halfyear's rent under a lease at the time of re-entry for alleged breach of covenant. The defence was ia denial of breach of covenant. The defendant also oounterclaimed for £166 16s for •wrongful eviction, £150 'being for general damages, £1-5 for loss iof crop of mangolds and £1 163 for loss of timber, as special damages. On Oct. 30th, 1907, plantiff leased to defendant 121 acres part) of section 42 Waitotara District for 5 years at the annual rental of £151 ss. The memorandum of the lease contained among other things, a covenant by the .lessee not to underlet, or part with the possession without tho consent of the lessor in writing. The defendant used the land as a dairy farm. Rent had been paid down to Feb. 7th, 1910. When d^endant found he had no chance of getting the right of purchase, he said there was not much use continuing in the way ha was and that he knew of another property he could get with the right of purchase. Plaintiff, in reply, said- he would mot mind if the lease were su.rT,3ndered at the half-year, and obtained la Tifiutten permission ifr'On plaintiff to surrender the lease on 7th August. Defendant leased 178 acres from Billinghurst and on the Ist July took possession, vacating Reid's house, taking all th.3 furniture and removing all his stock. An 'arrangement was come to between the defendant and Billinghurst that if the latter left a stack «of hay and plenty of grass on his place he was to get grazing on Re:d's place from July Ist to 7th August. Reid objected to Billinghurst putting sheep on his land -as Finer had no right to give permission. Billinghurst removed the sheep in order to save trouble. Reid, in evidence, said he first Learned oil 3rd July that Finer had left his land. The bouse was empty and not locked up, while there were 400 or 500 sheep belonging to Billinghurst on the land. After reading through his lease, plaintiff re-entered into possession on the ground of alleged breaches and non-obseirvance of several covenants contained in the lease. He notified Finer to this effect and said he intended to claim damages. In the course of his judgment, Mr KeiT said the facts showed a parting ■with the possession and tLlsrtefore a breach of covenant. This gave rico to a right of re-entry under the powers of tho lea.se. Soction 94, however, of the Property Law Act. 1908, the right of entry wag not enforced by action or otherwise* until due notice had been served and time for tv remedy, if possible, given. This notice was not given. After quoting authorities. His Worship non-suited plaintiff with costs. As to tho counter-claim, His Worship, after . reviewing the facts', was oonvinoed that shortly infter the reentry tho defendant knew why plaintiff had re-entered. Ho took no steps either by communicating -with plaintiff or by .apnlyiii.Q: to the Supreme Court for relief. Therefore, defendant did not eeem +0 put much value on such rights as ho had. After quoting an authority, Mr Kcit awarded nominal damages only, £1.

As to the claim for STwi'i-l damaK:^, thero wa.s n conflict of evidence as to thtf amount and value of the mangolds, bur. defendant and Billinghurst testified to t'-~-o value being hetw-or<n £10 aixl £12. Judgment would hs given for £10, in itll £11 upon which costs only will ba allowed.

Mr -Cunningham -appeared for plaintiff and Mr Troxdwcll for defendant.

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