HARRIS V. CAMERON

ORIGINAL |.

IN THE HIGH COURT OF AUSTRALIA.

REASONS FOR JUDGMENT. MR. JUSTICE WILLIAMS

Delivered at BY,

40358 A. H. Pertwren, Acrixe Gove. Praxr.

HARRIS

Vv

CAMERON

TU ent - Williams J.

The plaintiff claims damages against the defendant for breach of a covenant contained in a deed made between the plaintiff of the one part and the defendant of the other part dated 24th July 1941 providing for the dissolution, as from ist January 1941, of a partnership under which they had been carrying on the business of licensed victuallers at Mackay in Queensland since 9th March 1936. One of the assets of the partner- ship was the Grand Hotel, Mackay, where the plaintiff had lived during the partnership occupying a bedroom surrounded by a glassed in verandah situated on the flat roof of the hotel, The effect of the deed was to dissolve the partnership upon the basis that the defendant acquired the assets and took over the liabilities and agreed to pay the plaintiff the sum of £2,600 for his share of the nett assets,payable £500 in cash and the balance pf £2,100 together with interest at 7 per cent on the outstanding purchase moneys by weekly instalments of £5 per week. The defendant is still indebted to the plaintiff for a substantial sum tinder the deed. The text of the covenant upon which the plaintiff has sued is as follows:- The said William Home Cameron shall provide

the said Alfred Harris free of rents rates and charges

of all kinds with a home for himself end his wife and

both and each of them with all the comforts and conveniences thereof including board lodging and service at the Grand Hotel Mackay aforesaid and the free and unrestricted use and enjoyment of the apartments at present occupied by

the said Alfred Harris and his wife for so long as the

said William Home Cameron or his wife shall remain the