GILMER v. CRAWFORD.

New Zealand Illustrated Sporting & Dramatic Review, Volume XIV, Issue 843, 3 May 1906, Page 20

GILMER v. CRAWFORD.

Tn Wellington last week argument in this case was continued before their Honors Mr. Justice Denniston, Mr. Justice Edwards, Mr,. Justice Cooper and Mr. Justice Chapman. Mr. Skerrett appeared for the plaintiff, Hamilton Gilmer, and Mr. M. Chapman and Dr. Findlay for- the defendant, Elizabeth Florence Crawford. Plaintiff by his statement of ‘ claim sought specific performance of a covenant

which he entered into with the defendant for a renewal of the lease of the Te Aro Hotel. The application was resisted by the defendant upon the ground that the lease which was executed after the passing of the Alcoholic Liquor Sales - Control Act of 1895 contained a covenant binding that hotel to Mr. T. G. Macarthy, and as that covenant was voided under the Act the Court would not grant specific performance of the renewal clause of the lease. The contention for the plaintiff was that the effect of the Act of 1895 was to require the Court to read the lease as if the binding clause was not in it; and that, therefore, there could be no objection to the granting of specific performance of the covenant in regard to the renewal. Argument was concluded, and the Court reserved its decision.