Untitled

Gisborne Standard and Cook County Gazette, Volume II, Issue 284, 9 April 1889, Page 2

Thu Auckland Star of April 2nd has the following report of a very important case for brewers and hotelkeepers. The action was brought by Mr Ehrenfried against Mr William Lynch, proprietor of the Aurora Hotel, on a deed of lease which had been assigned by Mr Gleeson to Mr Ehrenfried. The main question under it was whether Mr Lynch oonld buy from anyone he pleased colonial beer or other goods not “ kept in stock” by Mr Ehrenfried; and His Honor, after argument, held that he oould, which means that Mr Lynch is not bound to take beer brewed by Mr Ehrenfried, or indeed any colonial beer or other goods from Mr Ehrenfried, unless he (Mr Ehrenfried) keeps the beer or goods Mr Lynch requires, habitually in stock; and in any event he (Mr Ehrenfried) must supply them at fair market price and of good quality, This is a most important decision for hotelkeepers, as it permits those who hold like leases to buy Dunedin or any other Australasian beer which they like,, at current mirket price and of good quality. They are thus not bound to take from their brewer the particular beer which he brews or any particular beer he wants them to take, A minor point in the case was that Mr Lynch, but with Mr Gleeson’s permission and Mr Ehrenfried's approval, had been in the habit of dealing with Mr Heather for wines end spirits, which was contrary to tha wording of the deed, and His Honor held that a parol permission or approval was not sufficient to override the terms of a deed, and on that minor point, therefore, he decided that Mr Lynch must account to Mr Ehrenfried for the goods he had obtained from Mr Heather since April, 1887, which Mr Ehrenfred happened to keep in stock when the purchases from Mr Heather took place. The terms of ths decree were reserved to bo settled in Chambers and the question of oosts were also reserve: to be settled in Chambers. Mr Theo. Cooper appeared for Mr Ehrenfried, the plaintiff, and Dr, Lsishley for Mr Lynch, the defendant,