MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1845, 3 September 1913, Page 5

MAGISTRATE'S COURT.

ACENT'S EFFORT. SECURING THE OPTIONS TO BUY. HIS CLAIM SUCCEEDS. Dr. M'Arthur, S.M., delivered reserved decision in tho ease Longmoro and Co., land agents, v. Whitcombo and Tombs, Ltd. Tho statement of claim sot forth, that during tho month of October, lull, Longmoro and Co. ivcro employed by AVhitcombo and Tombs to get under offer, and obtain options, ovor properties fronting Lambton Quay, and.elsewhere in Wellington. Through their agents (Young and Tripe, solicitors), AVhitcombo and Tombs represented to tho plaintiffs that ho was employed as solo agent for tho principals to negotiate for such offers and options, and Id's acceptance of tho employment was upon that condition. During tho months of October/ November, and Decombor, 1911, and from January, 1912, plaintiffs ( made jiumoro'us journeys iu connection , with tho undertaking, and submitted ( tho offers obtained to Whitcomho

Tombs. Among tho options was one respecting the right of purchase of Sir John Findlay's residence in Wellington. During tho year 1913, Wliitconibei and Tombs purchased this residenco without tho knowledge of Longmore and Co. It was contended that in refusing to complete tho sale of t'his property through tho agency of Longmore and Co., defendants had wrongtully deprived plaintiff of tho right to earn certain commission, and, in consequence, plaintiffs claimed a sum of £112 10s., as damages. In reviewing tho evidence, his Worship stated, inter alia, that Jlessrs. Young and Tripo (acting for Whit-combo andToiibs) instructed Longmore and Co., who had considerable knowledge of city properties, to act as solo agents. Longmore and Co. were 1 .not informed who the principals were, f as Whiicombe and Tombs wero apprc- |. hensive t'hat, if that fact were known, prices would bo raised. Plaintiffs went 3 to a great deal of trouble, and amongst t other properties made inquiries concerning a property in Boulcott Terrace. Ho i secured an option over this proporty p for £5000, but this option was not availed of by Whitcombe and Tombs, ' and negotiations dropped. Some time later, however, AVhiteombo and Tombs 1 purchased the property through an--5 other agent for tho sum of £4500. "The t facts remain," stated his Worship, "that the plaintiffs did a great amount of work for tho defendants with their knowledge and consent, and introduced tho Boulcott Terrace property to their notice. In my opinion the plantiffs aro entitled to a remuneration for the work and labour done by them. I consider that tho remuneration in the present caso should bo nt least equivalent to the amount of the commission which would have been paid had the purchase of the proporty acquired passed through their hands." Judgment was then given for Longmore and Co. for the full amount claimed, and costs." Mr. D. M. Findlay appeared for the plaintiffs and Mr. A. Blair for tho defendants. defaul'Fdebtors. Judgment for plaintiff by default was given in the following undefended cases: —Commissioner of Taxes v. Ebenezer D. H. Buchanan, £1 135., costs 55.; same v. Patrick Shivnan, £2 155., costs ss. ; same v. W. G. Taylor, costs only, 55,; J. Heardt and Co. v. Fred Wood, £1 12s. 6d., costs os.; James Ucid v. Cccil N. Mardon, £2 55., costs lis.; Laery and v. J. Dawson, £6 195., costs Bs.; Wellington Stationary Traction Locomotive Engine-drivers' Union of Workers v. Alexander W. Doran, £1 Bs. Gd., costs'Ss.; same v. Henry Harper, £1 55., costs 95.; Kia Ora. Galvanising Co. v. Napier Plumbing Co., £4 165., costs 10s.; the Wellington Traders' Agency v. O. N. Taplin, £15 os. 9d., costs £1 10s. 6d.; N.Z. Picture Supplies, Ltd., v. H. J. M'Lean, £71 Gs. 5d., costs £4 ss. Gd.; William Campbell v. Walter Edward Cook, £6 Bs. Bd., rosts £1 3s. 6d.; Wellington City Council v. Annio liidd, £2 19s. 3d., costs 55.; Laery and Co., Ltd., v. A. F. Collins, £3 16s. 3d., costs os. judgment"debtors. James M'Gavin was ordered to pay Standidge and Co. the sum of £12 14s. by September 16. H. M. Stowell was ordered to pay S. and W. Mackay £2 15s. by September 16 - POLICE CASES/ Charges of insobriety, resisting a constable whilst in the execution of his duty, and using objectionable language, wero preferred against James Doran, who pleaded guilty. After hearing the evidence, his Worship entered a conviction for drunkenness, fined accused £3 for using the language complained of, end 40s. for resisting tho arresting constable. For insobriety, Thomas Paterson was fined 205., and Edward Waters 10?. One first offender was fined 20s.