The Lodgers in Waiting but a Hitch in Taking Over Flat:
A Set-off that. Failed Ini H. M, Supreme Court on Tuesday, before his Honour Judge Sir Skinner Turner, © Mrs. Harriet W. Irons claimed from Miss H. C. Butter worth, of 43 Range Road, Tls. 200 land interest at 8 per cent., due on two promissory notes for Tls. 100 teach for the balance of an amount due to plaintiff from defendant in respect of furniture and household fittings. Mr. J. R. Jones (Messrs. Teesdale, Newman and McDonald) appeared on behalf of plaintiff and Mr. Tycho Wing defended.
Defendant claimed as a set-off that the goods received were rot: worth the money already: paid and that value had not been received for the promissory notes. that certain of the a furniture mentioned in the of the goods supplied by' plainti' had not been provided. The statement of defence further claimed that on or about January 15 of year it was verbally agreed betwee the parties that in consideration of defendant's signing the agreement while "they stayed there. © The purchase price of the flat had been fixed at Tls. 2200 and of this Mist Butterworth was able to pay Tls. 1,500. Mrs. Irons was continually changing her mind about the house fand did not eventually leave it till March of this year, when Miss Butterworth signed the promissory notes which were the subject matter lof the case. By this time, however, Buiterworth's prospective lodgers had gone elsewhere and she had to close down the house, after meeting all the heavy expenses of ent, taxes, ete outlined in the statement of defence, All this was the result of breach of the verbal contract arrived at between the two women, and he damied that they were' perfectly justified in putting it forward as a set-off to the plaintiffs claim, Counsel contended that Miss Butter worth had very much overlaid Mrs, Irons for the furniture by pay ing Tls. 1,500 alone, inasmuch as many of the items mentioned on the inventory given her by Mrs. Irons were not on the premises. "When the house was sold up the furniture fetched far less than Tls. 1,500.
'After a lengthy legal debate on this point, the Judge held that un-Tiquidated' damages could not be sued for as a set-off in an action brought into that Court by a non Cor tury Star did not start—and casson. tow expected he would—and when the"news got round Dalmeny and Zoulou became joint favourites, just
Text read from the printed page and cleaned; old type leaves the occasional error.