JAMES & ANOR. V. NESBITT

JAMES & ANOR.

Appeal dismissed with costs.

"Ty

ORAL,

JAMES & ANOR.

NESBITT.

DIXON C.J. WEBB J. FULLAGAR J. KitTo J.

TAYLOR J.

JAMES & ANOR. ve

NESBITT

This is an appeal from a decree made by the Chief Judge in Equity dismissing a suit. A motion for a decree was treated as the hearing of the suit. The suit was commenced on 24th November 1953 and its purpose was to enforce an oral agreement for a lease including an option for renewal, The premises were a cafe' at Molong. At the commencement of the suit the only plaintiff joined was the lessee, a Greek, who carried on business under the name he had adopted of Harry James. The landlord was the defendant. The relief sought was comprised in a number of prayers but substantially it was for specific performance of the agreement for the lease and the option, certain injunctions which are not now material and alter- natively damages in liew of specific relief. The oral agreement for a lease was made sometime in October 1951 and the plaintiff as tenant appears to have entered into possession of the cafeabout the 22nd October 1951 and thereafter to have carried on business upon the premises, There seems to be no doubt that the plaintiff established that am oral agreement was made for a lease and for a grant at the same time of an option. The first term was for three years and the option was in respect of another term of the same duration. After entering into possession the plaintiff, James, took his brother-in-law intopartnership in the cafe business. His name appears to have been Boletis. After a time the plaintiff, James, gave a bill of sale and a power of attorney to the Motor Finance and Guarantee Company Limited. Those documents were dated 10th February 1953. They were to secure an advance for the purpose of acquiring certain trade fixtures and chattels. The business at the cafe' seens to have bem conducted without much success and in April 1953 the plaintiff, James, opened