BREACH OF CONTRACT

Wanganui Chronicle, Volume 84, Issue 190, 14 August 1940, Page 3

BREACH OF CONTRACT

SHOWMAN’S CLAIM NOMINAL DAMAGES AWARDED A decision of interest to agricultural societies was given by Mr. S. L. Paterson, S.M., in the Hamilton Magistrate’s Court recently in the case in which an Indian showman, Cass Mahomet, sought to recover £9O damages from the Ngaruawahia Regatta Association for breach of contract. Mr. Paterson said that the secretary of the association wrote to plaintiff stating that he would book space for him at the regatta on March 16. Subsequently, the association, having learned of disorders which had occurred between licensed and unlicensed showmen, wrote to plaintiff cancelling the booking and telling him that only licensed showmen would be allowed to operate at the regatta. The magistrate held that the association’s action constituted a breach of contract. Plaintiff was entitled to merely nominal damages. Judgment was given for £l. The deposit. £1 15s, had been paid into Court. Judgment was therefore given for plaintiff for £2 15s and costs. Referring to evidence concerning the feud between the Showmen’s Association and the Showmen’s Guild, which indicated that members of the guild had suffered violence, sabotage and arson at the hands of members of the association, Mr. Paterson said: “I do not think that I should be far out if I inferred that the objection of the association to the licensing requirements is due to the fact that the undesirable element which controls the association would not in any case be granted licences on the ground of character. I do not wish it to be inferred that, in condemning the association, I am condemning all its members. It is admitted that some of its members, among whom the plaintiff must be included, are reputable people, who do not condone the actions of others of the members. The real issue between the association and the agricultural societies is whether the societies are going to control their own shows or are going to permit them to be controlled by the showmen’s association. On this issue, right is undoubtedly on the side of the agricultural societies.”