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DISTRICT COURT.

(Before Judge Murray and a jury.) ALLEGED NUISANCE AT TEMPE.

Gunter v Spcnre.

The hearing wag concluded of the. case In which William Gunther, of Lymerston-streot, St. Peters, sued E, L. Spearc, of the Tempe Brickworks, Cook's River-road, St. Peters, for damage to plaintiff's house and property, through an alleged nuisance from defendant's works.

Plaintiff alleged that owing to large quantities of offensive smoko and other vapours and noxious matters having been allowed to issue from defendant's works, hlF property had been depreciated In value to the extent of £150, certain clothes and furni- ture had been damaged, and the health of himself and family had been injured. The defence was that there was no nuisance as alleged; and that if plaintiff suffered any Injury it was common to all the residents in the neirbbourhonri, and that tbo remedy to bo adopted should be by means of an action by tho Attorney-General, ou behalf of the public.

Mr. O'Reilly, instructed by Messrs. Dawson and Herford, appearod for the plaintiff; and Mr. Mocatta, instructed by Mr. A. J. M'Donald. for the defendant. y

The jury returned a verdict for plaintiff for

£30.

ALLEGED BREACH OF AGREEMENT.

Weine v Cork.

Harry J. Weine, builder and contractor, of Trafalgar and Collins streets, Annandale, claimed £101 from Annie Lydia Sarah Cork, wife of Frederick Arthur Henry Cork, grazier, of Watson's Bay, alleged to be the balance due to him in respect of an agreement in connection with the erection of a house at Coogee, work and labour done, and commis- sion on the sale of defendant's land in Vicars-street, Coogee.

Mr. McKean, instructed by Mr. A. J. Rey

nolds, appeared for plaintiff; and Mr. Mack, instructed by Mr. W. H. Atkinson, for the

defendant.

Plaintiff's case was that by an agreement between him and Frederick Arthur Henry   Cork, as agent for his wife, he convenanted to erect a house for defendant at Coogee for £920. He began the erection of the build- ing, but by a subsequent agreement between plaintiff and the defendant the latter agreed, in consideration of his not proceeding with the contract, to pay him for the work he had done (£46), and allow him the amount of the estimated profit he would have made if the work were proceeded with under the first agreement. Defendant paid him £100. leaving an alleged balance of £76. Plaintiff also claimed £25 for commission on the sale of defendant's land.

The defence was that the contract was made with defendant's husband, who was not her agent in the matter.

His Honor found in favour of the defend

ant.

(Before Judge Rogers.)

A COOGEE RESIDENT'S CONTRACT.

Cork v Weine.

Frederick Arthur Henry Cork, grazier, of Watson's Bay, sued Henry J. Weine, builder and contractor, of Trafalgar and Collins streets, Annandale, for the recovery of £50 5s alleged to have been received by the defend- ant from plaintiff in connection with the erec- tion of a residence at Vicars-street, Coogee which money had not been expended by the

defendant.

The defence was that defendant never con- tracted with the plaintiff, and that plaintiff was not the proper person to sue him.

Mr. Mack, instructed bv Mr. W. H. Atkinson, appeared for the plaintiff; and Mr. McKean, instructed by Mr. A. J. Reynolds, for the de- fendant.  

His Honor found a verdict for plaintiff for the amount claimed.  

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