LAW REPORTS.

Dominion, Volume 6, Issue 1827, 13 August 1913, Page 3

LAW REPORTS.

BUSINESS PROPERTY. CITY FIRM AND LAND AGENT. I » •In a. case heard 'yesterday by Dr. M'Artlutr, S.M., Whitcombo and Tomb?, manufacturing stationers, Lambton Quay, were sued by Alfred Longmore and Co., estate agents and valuers, for .Ell'J 10s., for services rendered and damages. . Mr. D. M. I'iiulluy, in opening the ease, stated that in October, 1911, Whitcombo and Tombs wished to acquire business properly in Lambton Quay and they therefore instructed their solicitors (Young and Tripe) to ''engage someone to obtain "tho fullest information," adding that their name Has not to bs disclosed. In consequence of this instruction Longmore and Co. were engaged as confidential agents. Out of this . engagement the claim now before the Court arose. Sir John Findlay (called as a witness • for Longmore and Co.) stated iliat lie had been approached by that firm with regard to certain property ,of hif« which -abutted- on • that of Whitconibe and Tombs. He liad -then stated that he ;was prepared to sell it for .£6OOO cash. Plaintiff (Longmore and Co.) paw-him several times and"'lie gave an option on tho property .for a fortnight, in May, 1912. He told plaintiff that he was not his agent, and that he (witness) could not be looked to for commission. Later, Mr. Dykes called about the property and he (witness) told him that Longmore had already seen him oil behalf of the same principals. Ite agreed to give Dykes .£SO or ,£IOO if he got the full ,£SOOO, but that was to be apart from his (Dykes's) commission from his employer. Later Dykes produced a teiegram from Whitconibe and Tombs (at Christchurch) asking if he would accept -MOOO, which he declined, and eventually he sold at ,£JS!>O, out of which he paid no commission, Dykes acting as agent for Whitconibe and Tombs.

.To.seph A. Tripe, barrister and solicitor, gave evidence ns to the engagement of plaintiff to sccurc Information -as to available properties. I'lainti(t.,(J.ong!nore) stated {hat he had been told that he w<is the sole agent engaged or otherwise he would not liavo undertaken the commission. He had made inquiries regarding every property, fr.-m Woodward Street 'to Willis Street*, but many properties which were for sale were not suitable! Lambton Quay properties were not put on the books for Rile. — Whitcombe, juu. (called for the defence) said that all Wellington knew that his firm was in the market for property, and all the agents were throwing offers at them. Messrs. Williams, Hunt, and Co. had supplied them with data and certain offer?, and-at one meeting it had been decided that they could not work through Longmore, who, acted in a peculiar way. ' ■ No other evidence was cnllel, and his AY-ovship reserved 'judgment until Tuesday next. 31r. D. M. Findl-iy ipprt-vnltd Longmore and <'0., aul Mr. Blair appeared for AVhitcombe i.v.d Tombs. - 'ARREARS OF BATES. Br. A. M'Arthur, S.M., delivered reserved judgment in a case in which Ellen I'Ughtv was sued by Alfred Fortune for jei-i 10s., paid by plaintiff to the AVellington City Corporation for arrears of rates, for whicli defendant was liable under an agreement of sale of a property by defendant to the plaintiff. His AYorship gave judgment for the full amount with £1 13s. Court costs, and XI 6s. solicitors' costs. 3fr. Fell represented plaintiff nnd llr. T. C. A. Hislop defended. BROKEN BARGAIN. After apnearing' in the Magistrate's Court as the principal parties in an assault ease, AVilliam Harrison and James Bouehpr again appeared in a. civil case, in which the former claimed «£5 as the.price of a magnaphoiie which defendant guaranteed to be in'good order, promising that if that was not : so the money would be returned. Plaintiff alleged ttiat the machine would not play, and when lie returned it there w.u a quarrs!,' as the result of which he summoned defendant for assault. Defendant pleaded that the machine was sold as a sccond-hand article at a greatly reduced price. .The hearing was adjourned in order that the machine could be tested, and later in the afternoon judgment was given for plaintiff for the amount claimed. Air. Neave represented plaintiff, and Mr. Meredith appeared for the defendant. "NIPPED IN THE BUD." Thomas Jamieson. of Wellington, agent, sued Paul Dietrich, dressmaker, of AVellington, for .£5 os. for three weeks' rent from July 1 to July 21 of premises in AVoodward Street, agreed, it was contended, to be leased by the defendant. Sir. Levvy appeared tor the plaintiff, while Jlr. Madiell defended. ■ The defence was that defendant had never accented possession of the pre.mises nor taken the key. The other party had written stating a date to take poa&sion, but the whole transaction seemed .to defendant to be one in which it had been desired to push possession ol the premises on to him. He had nipped . that move in the. bud. Decision was reserved. UNDEFENDED CASES. 'In the following.undefended cases judgment wa9 given for the plaintiffs:—Tho in-as I*. Lyons v. Percy Ramsay, i! 3 10s. and 10s. costs; AVelliugton Publishing Co.. Ltd., v. Victor Sneirs, JJI 17s. lid. ant 55.-' costs; N.Z. State Advances Office v Herbert John Ciillett, .£46 10s., and -SI 8s costs; Wellington Plumbers' and Gasiit „ ters' Industrial Union v. Cieorgo l'ye .El'lis. and ss. costs; same v. Edgai Joyce, .£1 10s. Gd. and ss. costs; Lnerj and Co., Ltd., v. Joe Tos, os. costs only Charles H. Pritchard v. Edgar H-. Clar idge. =£3 I.ls. and 10s. costs; Kodak'A us tralasia. Ltd., v. Percy Thackrah. .CO IBs lid. and ,£1 3s. Gd. costs; 11. H. Gree'n y Minnie Rintoul, 155.. and 10s. costs; Lewii Berger and Sons, Ltd., v. AVilliam P Havward, .£3l and X 2 14=. costs: Stew art 'l'imber Co., Ltd., v. Charles Edwart and AValter Clayton, .£2O 13s. Gd., and !3s. costs; same v. Clayton and Busche Ltd., <£81 18s. sd„ and .£1 10s. costs Onslow Borough Council v. 3torris Up > ton, Jil 9s. sd. and ss. costs; Mary'Agne! B H-ainerton v. Stanley E. Read, JE2S Bs. 2d I and £2 lis.' costs. ' JUDGMENT SUMMONSES. J. E! Tricke.tt was ordered to pay .£2l Is. to C. T. Emeny by August 2B; R. -T Potts was ordered to pay ,£1 10s. 6d. t< Milne and Choyce, Ltd.; A. F. Gofmle.i to pay .£lB 6s. 3d., to I{. Cock; J. C' Trick ett to pay <£23 10s. to- S. Luke and Co. Ltd.; P. St. J. Kunan to pay <£10 3s. Id to Wnrdell Bros.; and Maud Pelbiim l< pay .E5 Is. to J. W. Boyce. | THE POLICE CHARGE LIST. BRAAVLING. When charged wilh a broach of tin pence in Cambridge Terrace, John t.'urri pleaded th.it he acted in self-defence whilst Thomas Gussey, who was alsi charged with drunkenness, tacitly admit ted to being the aggressor. fnspectoi Hendry said tho two men were eugagei in a stand-up light and ri number o blows..were exchanged, Gussey, who wai drunk, being knocked down. Curry told the magistrate (Mr. AV. G Riddeli) that Gussey demanded the prici of a glass of beer from him and wouli not let him pass, so when he used ba( language as well he knocked him down Gussey was fiiied Ills, for the breach- <> the peace and 211s. lor being drunk, whils Curry, was fined twice the amount to the breach of the peace. " INSOBRIETY. r Tn addition to three first offenders con victcd 'and discharged, Joseph Moore wa lined IDs- for being drnnk in Custuni house Quay; Tlromas AVithers was lined < similar'aiiiount for insobriety in Cub; Street; and David Wilson (on bail) wai also lined 10s. for b?in? drunk in Cam | hridse Terrace, all three offences boiug ot the orevious day,