THE CIVIL SIDE.

Dominion, Volume 7, Issue 1900, 7 November 1913, Page 5

THE CIVIL SIDE.

AN AGENT'S FUTILE CLAIM. PICTURE THEATRE CASE. Judgment was given yesterday by the Chief Justice (Sir Robert Stout) in the case heard tho previous day in which Charles Baker, estate agent, Wellington, appealed from the decision of Mr. W.. G. Riddell, S.M., who dismissed his claim for £98 Bs. 9d., claimed to bo due to him. from Bernard Doherty, warehouseman, and Emma Fanny Lieber, widow, of Wellington, as commission on the sale of land' belonging to the respondents for £3937 10s., to the People's Palace Picture Theatre Company. Appellant had claimed in the alternative, £62 10s. commission or on , a quantum meruit for negotiating a sale of part of the above section to Francis Louden for £2500.

His Honour, in dismissing the appeal with £7 7s. costs and disbursements, said that appellant had negotiated 5 sale of a parcel of land at the back of respondents' property and on the land a picture theatre was to be built. • Appellant, learning that the purchasers desired an access to Manners Street, and that, thg picture theatre would be much less useful without such access, went, unasked, by -the, theatre proprietors or the' respondents,-' to Mr. Doherty, one of the respondents, and asked him if he would sell. Mr. Doherty offered to sell at.»£2l2 per foot. Appellant purported to act for the company or its promoters, but he was not instructed by Mr. Doherty to act as his agent,' nor was there any conversation about paying commission. Negotiations continued, and Mr. Loudon, one of those interested, in the floating of the company, said it was not necessary to buy all tho respondents' land, but- 10 feet would be* sufficient.. Ultimately Mr. Doherty agreed to sell 10 feet; but oh agreeing to sell he was told that Messrs. Nathan and Bush (two well-known business men in Wellington) would be in tho company as directors. That statement was not true, though appellant believed it to be true. Respondents agreed to sell 10 feet for £2500. The purchasers were not named, it being stated that £50 had been received from F. Loudon. At the foot of tho agreement appears the following: "Commission is to be paid when the four hundred and fifty pounds (£450) is paid." There was no statement that commission had ever been mentioned up to that time. If, however, that sale had been completed, no doubt there\wasi an agreement by the respondents \to pay the same. This agreement to sell was not Carried out, as it was discovered that the statement mado by l thc appellant about Messrs. Nathan and Bush being directors of the company was not true; and the.respondents declined to sell to Mr. Lou- I don. That agreement to sell, therefore, was at an end. Afterwards the company was floated, and three of the directors waited on Mr. Doherty and offered to purchase the 1 whole allotment for £3937 10s. That offer was accepted. but appellant had nothing to do with the sale. Mr. Loudon was not a director of the 1 theatre company, though he held shares in it, and the negotiations of the sale were made by the directors without the instrumentality Of the appellant or of Mr. Loudon. His Honour, in conclusion, held that the decision of the magistrate was quite right, and therefore dismissed the appeal. Mr. A. Gray, K.C., with Mr. 0. Beere, appeared for the appellant, and Mr. M. Myers, with Mr. A. M. Salek, represented respondents. CASE MENTIONED. At the conclusion of the criminal sessions, Mr. Wilfiord mentioned the case of M'Dougall v. Chanman, whiclv involves a claim of £3000 for damages, and said the hearing had been fixed for Mondav next, but it would be impossible to get the witnesses then so he would like an adjournment. His Honour Mr. Justice Chapman advised counsel to mention the matter next day to tho Chief Justice., who would bo arranging the civil list. TO-DAY'S CASES. His Honour the Chief Justice (Sir Robert Stout) will sit in Chambers at 10.30 to-day to settle the list of civil sittings.