Supreme Court Decision on Business Manager's Claim At H. M. Supreme Court on Monday, before his Honour Judge Skinner Turner, the hearing was concluded of an action brought by Mr. H. E. S. Pickering against E. S. Thompson (trading as A. S. Thompson & Ca.), for the recovery of Ts. 9,770 and £622 damages for wrongful dismissal, arising out of breach of an employment contract.
Mr, E, L. Hartopp appeared for plaintiff, and Mr. J. H. Teesdale for defendant.
Mr: Hartopp informed his Lordship that the parties had agreed upon the cost of a passage to England, viz., first class return mail steamer £262, and first class return Blue Funnel line £208.
His Lordship—This does not of course mean that defendant undertakes to pay either of these amounts?
Mr. Teesdale—No, my Lord.
Addressing the Court on behalf of the defendant, Mr. Teesdale argued that, atter the writing of the letter, on November 30, terminating his engagement, plaintiff should have taken steps at once to minimize his loss, His Lordship—And we know that he did not, Counsel—Yes.
On the point that plaintiff should have begun to minimize his loss directly after he received notice on November 30, Counsel said that seven weeks were wasted which plaintiff had to account for. What was the reason for that waste of time? The neason, counsel suggested, was the agreement which plaintiff had entered into with Messrs. Morrison. No doubt he felt he was on velvet. He knew the business of the defendant. He had been with defendant some three months, and he felt sure that if the defendant's position became critical and he was forced into bankruptcy, or that he would have to hand over his affairs to his creditors, obviously plaintiff was the man to take charge on behalf of the creditors. Because he was wrong in assuming that defendant would go bankrupt was no concern of defendant. As to plaintiff's prospect of getting employment, counsel quite agreed that the present time was not a good time for looking about for jobs; still, no good was done by waiting, and the position was getting worse all the time.
Text read from the printed page and cleaned; old type leaves the occasional error.