Mayne states that damages in an action for mesne profits are not con-'Gned to the mere rent of the prem-isos, but the plaintiff may recover! forthe trouble and expense. he has been put to. Here, however, no det-Inite "evidence of loss has been adduced before me other than a cer= Weate of Mr. J. J. McCarthy Messrs. "Mortimer, "Reid & Slee, chartered accountants, which pur-orts to be based on an examination the books and vouchers of the defendant company and was accepted fs correct by counsel for the plain This shows that from. April 1985 to October 1936 the defendant company collected $7,95027 in rents and deposits (for more than three months of that period in defiance of fan interim injunction granted by this Court on June 27, of the latter year, which contempt no adequate planation has been offered), and during the same period expended $0,022.27 on the property. The cer= UAeate thus finds a balance of $672 {in favour of the company, "According to Mayne, if the defendant has made any payments while in possession for which the plaintiff would have been Mable, such as ground rent or rates and taxes, he is entitied to have them taken in reduction of damages, And
recovery of land.in Samoa and for" damages for conversion-of its produce, it-was held by the Judicial Committee gpen that the measure of damages wat, the value of the produce which the' land wes capable of yielding at the lake time "when possession was taken, after deducting the, expenses of management; and their Lordships could not see why the defendants should not be allowed a proper sum for expenses nor why. they. should be penalized beyond the loss sustained by the plaintiff.
Of the expenses shown in the" certificate $6,038.60 were in respect fof water rate, street lighting, watehman's wages and sundry repairs which I propose to treat as expenses for which the plaintiff would have been liable. Other charges amount ing to $1,103.67 have -not been explained "tome, and 1. accordingly Gisallow them," with the result that the whole account shows a balance of $1131.67 Ju, the plaintiffs favour and. judgment will "be entered. for the plaintiff company in that amount, with costs,
Text read from the printed page and cleaned; old type leaves the occasional error.