BREACH OF PROMISE

Wanganui Chronicle, Volume 73, Issue 95, 23 April 1930, Page 12

BREACH OF PROMISE

MAN'S STRANGE CONDUCT EIGHT COURTSHIP RULES JUDGE AWARDS £450 DAMAGES The story of a broken romance, begun 14 years ago, and of certain rigid rules laid down by the man concerning his sweetheart’s conduct, was lately told in the Court at Durban, South Africa. A Scottish emigrant, William Kenneth Munro, a native of Dumbarton, and son of a widow, reputed to be worth £lOO,OOO, was sued for damages for breach of promise by Miss Florence Isohel Kirk, formerly of New-castle-on-Tyne. Both are well-known figures in Durban society. The romance began during the war, on Munro’s return from nttive service. Be was then 24, and the lady fou/ years his senior. According to plain uff. they became engaged. and a premise to marry was ecu firmed. In 1923 defendant gave her a ring, and all went well with the engagement save for repeated delays by Munro »n fixing the wedding day. In October. 1928, Miss Kirk discovered defendant in a railway carriage in the company of another woman, and on that occasion he neither greeted her nor recognised her until she leaned across the compartment and asked the young woman whether she knew of the engagement. After this defendant stayed away for some months, and eventually plaintiff wrote to him as follows: Dear Will, —Your very silence compels me to write, as it is very’ difficult for me to go on waiting like this from day* to day without any word from you, your visits have ceased for severaKweeks. I hope you won’t think me immodest when I remind you that we are not as young as we used to be. Years have passed since we were engaged, and last year you said you would speak to your mother about a piece of ground to build on, so that we could get married. Instead of carrying on this plan, I have heard of your increasing intimacy with other l

girls, and, since I have mentioned them to you. you have kept away. 1 should be very glad if you would write and explain the position.— Yours as ever, Flo.’’

Defendant’s Peculiar Reply Defendant’s *reply to this ran:— “Dear Flo, —I don’t wish to say anything nasty or unkind, but the true facts are these. I will not stand being rowed up each time I come to see you, as you have always something up your sleeve about me . . . You think I am running after every woman I see, look at, or talk to. If you would only think broadly and not look at the narrow side, you would be much happier, and would make me happier, too. I don’t let off enough steam on ydu. I am always happy to see you, but. alas, 1 get a setback when I see your face. I am quite prepared to be my old self again if you are prepared to go on rhe following lines: (1) Are you prepared to give up your silly way of rowing with me? (2) Give up listening to what other people have to say about me. (3) Give up talking about me to other people. (4) Give up damning most of my friends, and do not try to pull me into talking to people that I do not wish to. ,

(5) Go to the races with me, and if I go to the races don't think I have committed a crime. (6) If I happen to be five minutes late do not think I have been talking or making love to someone on the road. (7) If I am tired you will not think I have someone else in my eye. (8) That you treat me as you would like to be treated yourself. An Unfulfilled ?romise “If you are prepared to carry out ■ the above I will be only too pleased to met you. . . If we are going to go on the same way as before, do you think it worth while going on with it? Perfect hell. So now it rests with you.’ 1 An appointment was made and kept, but defendant was distant, and subsequently remained away. Munro pleaded that it was always agreed | that the marriage should take place

when financially he was able to maintain Miss Kirk, but his business was nearly insolvent. He stayed away from plaintiff to teach her a lesson. The judge held that there was no doubt a promise had been made and broken, and Munro’s attitude had spoiled plaintiff’s chances of marriage. Therefore, he awarded her £450 damages and costs.