MAGISTRATE'S COURT CIVIL BUSINESS.

Dominion, Volume 3, Issue 930, 24 September 1910, Page 11

MAGISTRATE'S COURT CIVIL BUSINESS.

j.V (Before Mr.\Vv r , R. Hasclden, S.M.)' CLAIM FOR COMMISSION., , J.' - Martin M'lntyro and 'Co., agents, Wellington,,sued','Clara' Louisa: Turner, wife, of,.Donald: Langley .- Turner', , of Wellington,-for: £20, alleged l to be I 'the agreed ..amount;. of' commission -duo to: tho' .-plaintiffs by. the - defendant on! tile sale of. defendant's property, S-.; Austin Street,' \to Mr. • J. R. Palmer..ln! the alternative the 'plaintiffs; claimed' from' the defendant the sum. of .£2O for'work and services /performed by , the plain-, tiffs' for the defendant .iiv connection' with the property, and, taken, .advantage: of and used for ; the.,benefit 1 of defend-', ant, '-. 'Vi:,. Mr. PI. ',O'Leary r appeared--, for i plaintiffs- and Mr. Martin- for defendant. '. . . . ■; .;- Plaintiffs contended that the property was placed' in their hands for, sale at £1600,'.' i- being'-''arranged that they ■would receive' £20. commission, for a sale. ■ In- August plaintiffs sent Mr. Palmer to vicwtliei.proparty, and quot-| ed£l6so as'the price, but MrV-'-Pal-mer said the .figure was too high. Subsequently plaintiffs-asked- defendant if sho would take £1300 for the pruperty,' and pointed out that on account of . the by-laws' no.' more buildings could bo erected on it.. Defendant,,it was 'stated, seemed annoyed, but did not withdraw tho property/,. On the following Monday- plaintiffs learned that the probeen sold to Mr. Palmer for and plaintiffs therefore claimed commission £20. A written. agreement which plaintiffs held had been destroyed, but ' a form was put .in which was a copy, as far as plaintiffs could recollect. ■ I'or t-iio defenco it was contended that defendant did not know plainii ln 1 -. t ' le matter, and had only recentlydiscovered that Mr. King, whom ctetciulaut dealt with, was in plaintiffs' caiploy-;. that the; property had only oson .placed m Sing's hands for sale lor one week, as King said lie had a prospective buyer at £1650; and that defendant s brother sold tho property to Mr. Palmer. His Worship, after hearing the evi- '. for defendant, lutli. £2 2s. solicitor s fee.