AN EXHIBITION CASE.

Gisborne Times, Volume XXVI, Issue 2190, 14 May 1908, Page 3

AN EXHIBITION CASE.

breach of contract. THE HOUSING OF SCHOOL CHILDREN.

Press Association. CHRISTCHURCH, May 13. At a sitting of the Supreme Court in Banco boforo Mr Justice Denmston, Mr George Harper (representing Wm. Minson) and Mr Cassidy (representing the Exhibition Oonvmissiotiers) appeared to present an agreement on certa.ni (juestions submitted by Mr V. .G. Day. S M., who us acting as Arbitrator between the parties, for a decision of the Supreme Court. The facts of the case as stated by Dir Hamer were broadly as follows: Minson, while chairman of the Home Industries Committee, entered into an informal agreement with the Commissioners to erect ami equip a boarding houso capab e of accommodating 50 school children 'and to conduct such boarding-house for the accommodation of such sclioo. children and their-parents during the period of the exhibition. It was agreed that a subsidy of £ 100 was to be paid by the Commissioners to \\. Minson in respect of the undertaking. W. Minson subsequently transferred the undertaking .to F. A. Cook who, on three occasions, broke the agreomont by rofusmgta accommodate school children. Hie Commissioners thereupon refused payment of tho subsidy. ‘Hie questions submitted by the Arbitrator we e as follows: (1) At what time was the subsidy payable? (2). Had M illiam Minson .power to enter into an aRi cement with Prank A. Cook without tho consent of the Commissioners. (3) Did the facts as stated constitute a waiver of the condition precedent to tho nayment of the subsidy. W Did the refusal of .Frank A. Cook to accommodate school children during certain tie nods amount to a breach of contract entitling the Commissionoro to damages for such breach or it it was held under the‘first question that the subsidy was not Payable until the contract was fully carried out, did such refusal constitute a h. to tho said William Minson. claiming the suhsidv? After hearing aigument His Honor gave uidgment as .follows: (If Tlr.it the subsidy was due at some time during the erection of tho building; (2) That W. Minson has power to enter into an agreement with F. A. Cook, the nature of the agreement with the Commissioner not excluding any.suchi powws. In regard to question 3, he v,-oil’d not answer that as he did not admit any condition precedent. Hie amount of damages for breach of contract must be left to the Arbitrator.