MAGISTRATE’S COURT

Dominion, Volume 14, Issue 274, 13 August 1921, Page 2

MAGISTRATE’S COURT

POLICE AND CIVIL CASES

Before Mr. F. K. Hunt, S.M., in the Magistrate's Court yesterday, Frank Barnes appeared on a charge that on. July 6, at Palmerston North, with intent to defraud, he obtained from Ernest W. G. Corston tho sum of £4 in money, by means of a certain false pretence. He was remanded to appear at Palmerston North on August 19. Erie B. Casey was charged with being found helplessly drunk in Main Street, Lower Hutt, also with attempting to commit suicide. It was stated -that Casey, who was drunk wag found lying on the railway line, and when spoken to by a'man who removed him to safety said ho had no prospects and that it would be all over in a little while. On the charge of drunkenness he was con- , victed and ordered to pay £1 7s. 6d. expenses, and by consent a prohibition order was issued, against him. The other charge was dismissed. Four Territorials were before the Court for failing to attend drill. S. B. Ge.ll, who was charged for the first time, was convicted and ordered to pay 7s. costs; M. Pulsford, convicted for the second time, was fined 205., and 7s. costs; W. G.Fitzgerald, with several previous convictions, was fined £5, in default 28 days’ detention, and. was deprived of his civil rights; IV. Hickling, who had alreadybeen convicted on seven occasions, and who had paid £32 in fines, was on his eighth conviction fined £5, in default 28 days’ detention. A DEAL IN FOOTMTJAK. Mr. E. Page, S.M., heard tho civil case of H. F. Winstone, bootmaker, of Auckland (for whom Mr. E. F. Hadfield appeared), against Lindsays Ltd. (represented by Mr. L. J. Maule), a claim for £4O for footwear alleged to have been sold and delivered by plaintiff to defendants. After evidence had been given, tho -Magistrate held that there had been no contract entered into, the parties not having agreed upon tho price. However, judgment was entered for plaintiff for 80s., the value of one pair of shoes which had been sold by defendants prior to the question of price arising. The defendants were allowed costs and expenses totalling £7 7s.

CLAIM FOR COMMISSION. The case of T. J. Sullivan (Mr. J. O’Donovan) against G. F. Campion (Mr, T. C. A. Hislop) was concluded, yesterday afternoon. . The plaintiff, a land agent, sought to recover £25, alleged to bo due by defendant as cornmission on the sale of his butchery business at Seatoun on or about July 21 last. The ca§e for ths plaintiff was that defendant had agreed to tako £390 for ths business, the plaintiff to take as his commission any sum above £3OO. Subsequently plaintiff found a buyer, who offered £325, and it was stated that when the defendant was informed of the offer he gave instructions for the deal to be closed The defence was that tho property had been withdrawn from sale prior to the alleged ' sale by plaintiff, and, further, that the sale effected by him was at a less .price than that at winch he was authorised to sell the business. Tho Magistrate,. in deciding m favour of plaintiff, said that the facts rn regard to the instructions were admitted, and he was satisfied that they were as represented by plaintiff. The agent sent two prospective buyers to see the business, and one of them agreed to buy at £325. The agent could have closed Hie deal on-the instructions he had received, but preferred notifying the vendor, which he did by telephone. But then a complication arose, f ° r “otwithstondni"- that’tho-'business had been placed in°the hands of an agent and an actual buyer had-heerilf ouridj ICampi.qn had previouslv rimae- a contract with his cm ffiovee, one Robinson,' that he would give him the first refusal, and subsequent to the notification of the offer of Tao, bv the agent sold the business to . Robinson. The agent had been instruct, ed to find a buyer, and he found a buyer ready and willing to purchase at £325, and therefore the agent had earned his commission. Judgment was given for plaintiff for £l6 55.. being 5 per £325, and costs totalling £□ Us.