JURY AWARDS £25 DAMAGES AGAINST MAN FOR BREACH OF PROMISE

Wanganui Chronicle, 24 March 1950, Page 5

JURY AWARDS £25 DAMAGES AGAINST MAN FOR BREACH OF PROMISE

AUCKLAND, Last Night (PA).—A verdict was given by the jury today at the conclusion of the hearing of a claim by Margaret Emily Thomas, aged 24, clerk, for 1550 damages for alleged breach of promise to marry against Samuel James Hanna, aged 24, clerk. The case, which was heard before Mr. Justice Stanton, was begun on Thursday. In his address to the jury, His Honour said it was comparatively rare for such cases to come to trial. When he sat dispensing some 800 divorces each year he wondered whether numbers of people nowadays were willing to adjust themselves to each other’s wishes and feelings and to give consideration to each other as they used to do in consequence of which so many marriages went wrong.

"The engagement is admitted by defendant and he also admits that he broke it off, but notwithstanding that plaintiff was still willing and even anxious to marry him,” said His Honour. "He intimated finally and definitely that he was no longer Willing to marry her. That is a definite breach of contract and there is a right of plaintiff tc some damages. What is that amount? It may be an amount from the nominal shilling to the £550 claimed. If you are satisfied defendant acted in the bona fide belief that the temperament at the two parties was incompatible and that the prospect of happiness in marriage was remote and that it would be foolish and, in fact improper, for him to go on with it and if, in the circumstances, it was a reasonable belief to form then it is no case for substantial damages. “If, on the other hand, you feci he treated her badly, without any real justification for terminating the engagement, then you could give substantial damages, according to what you think reasonable in the circumstances. Year verdict will really- re fleet your 'Jew of defendant’s conduct in the matter.

The jury returned a verdict for plaintiff and swarded £25 damages.