CIVIL BUSINESS

Dominion, Volume 2, Issue 323, 9 October 1908, Page 4

CIVIL BUSINESS

(Before Dr. A. M'Arthur, 5.M.).. UNDEFENDED CASES.. ; Judgment was entered for plaintiff by default of defendant in the following cases:— Mulford and Mowat v._ David Duncan, £2 3s. 2d., costs 125.; Wellington Traders' Agency, as assignees of H. Oscar Howctt, v. Edwin Adams, £7 25., costs £1 3s. Gd.; Elias John Forbes v. T. P. Vuglar, £2 10s., costs ss'.: Wellington Gas Company, Limited, v. Wm. Braniff, £5 los. Gd., costs £1 (>s. 6d.; Cadbury Bros., Limited, v. Mrs. Bertha Adams, £7 lis. lid., costs 18s. Gd.; the same v. Thomas Burnett Harkness, £9 55., costs 18s. 6d.; Stewart Timber, Glass, and Hardware Company, Limited, v. John Andrew Rogers, £24 3s. Id., costs £2 14s; Ross and Glendinuing, Limited, v. David James Esau, £29 4s. 4d., costs £2 145.; Commercial- Agency, Limited, and Henry Brown and Co. r. . Albert Horatio Martin, £4 16s. 6d., costs 10s.; Thompson 8r05.,: Limited, v. George Bedford, £1 125., costs ss.'; R. and E. Tingey and Co., Limited, v. Charles Webb, £1 19s. 4d., costs ss. ; Commercial Agency, Limited, and Sargood, Son, and Ewen v. James H. Southerland," £3 Bs. 4d., -costs 10s.; Commercial Agency, Limited,'and Abbot,, Oram, and Co. v. Amelia Carrick,- £24 os.' '4d.', costs £2 145.; P. Hayman and Co. v. Ernest J. August, £16 45., costs £1 10s. Gd.; Witch and Allan v. John Pauling, £20 2s. 7d., costs £2 17s.

RESERVED JUDGMENT. CLAIM |FOR COMMISSION. Dr. A. M'Arthur, S.M., delivered his reserved decision in tho case 11. Jas. Baker v. Wm. Chas. Page, a claim for £50 commission alleged to be due on an exchange of land arranged by plaintiff on behalf of defendant. Tho facts of tho case were not disputed. Plaintiff received instructions from defendant to sell or exchange his land at Eltham. Plaintiff obtained one Peers, and it was agreed that defendant. and Peers were to exchange their respective properties as a level exchange, both parties to giro a.good-title, to .their properties, which, were to. be free of mortgage or any other lien or encumbrance, possession to. be given 21 days , from date of agreement, and the commission to bo received by plaintiff from defendant to be £50.- It was found that I'eers could not give a title to the land, the [rDistrict.-'Land Registrar _ refusing to igrant titles on grounds, set out'in a letter te the/parties...- For ..this,. reason-the exchange was .not effected.' Plaintiff now -sued for his commission, but defendant refused payment as he said he had recaived no benefit from-tho services of plaintiff. In order that an agent may earn his commission, said his,. Worship, the, ajpnt must And -a man able and willinj to buy and to enter into a binding contract to buy. If he procured a binding contract from-a person willing to buy, lie had not performed his contract unless the purchaser was not only, willing, but able to complete, unless and until such purfecen, ( apprqved,,,and, apcepjted by: the principal.. In' the present' 'case the per-

son procured was approved and accepted by tho principal, and there, in the opinion;' of tho Court, the matter ended as far as the agent was eonecrned, whose work was complete, and whose commission was therefore earned... After dealing at. length with authorities on the case in point, his Worship said ho considered plaintiff had done all ho was required to do. He procured a purchaser, with whom the defendant entered into a-binding contract. He did not guarantee the purchaser's title to his property, nor had he been requested to de so by defendant. . Under these circumstances, looking_ at the authorities, his Worship was of opinion that defendant had no defence to tho claim, and judgment would be. for plaintiff with costs £6. 'Mr.' Beere, who appeared for defendant, asked that security should bo fixed for appeal. Mr. Blair appeared for plaintiff.

A DEFENDED CASE.

(Before Dr. A. M'Arthur,. S.M.).■ , Andrews and Manthel, Limited, ongineers (Mr. Beere), sued George Bennett; builder, : Maryborough, for £11 13s. 5d., for goods sold and delivered. Defendant argued that he had paid an employee of plaintiffs, but it was proved that the omployee had been paid for some private work done for defendant. His Worship gave, judgment " for plaintiffs for £11 13s. 5d., and costs £2 6s. ■ MOUNT COOK POLICE COURT. At the Mount Cook Police Court yesterday morning, before Mr. Thomas Bland, J.P., two first offenders for drunkenness were convicted and discharged.