ALLEGED PARTNERSHIP

Gisborne Times, Volume X, Issue 996, 15 September 1903, Page 3

ALLEGED PARTNERSHIP

Tho Supremo Court was occupied yesterday afternoon hearing the case of James E. C. Prico v.; Edward Lionel DeLautour, a claim for half timber rights in Waihora D block; in contracts with William Morris and Jas. Orr, and in other loaaehold interests. Mr W. L. Rees appeared for the plaintiff and Messrs Nolan and DeLautour for the defendant. Mr Rees, in opening, said the question in the case was whethor a partnership or a quasi partnership existed between the parties in regard to certain 'timber rights. He contended that plaintiff found most of the money to carry on the transactions, and in perfect good faith left everything to defendant. In his evidence plaintiff deposed to disposing of 800 acres on Waihora D block for .£I6OO, provided ho receivod one half of the proceeds of tho timber rights and had four acres one rood for himself. It was on those terms that he signed the transfer. He agreed with defendant to purchase a sawmilling plant and to ontor into partnership at Karaka on half shares. They made arrangment with Pomare Horsfall to obtain tho goodwill of a property of 1000 acres and tho right to cut timber upon it. The agreement, dated August 12th, was one made betweon Horsfall, witness, and DeLautour, in which Hors:all agreed to dispose of his rights for £2OO io pluintiff and defendant. Mr DeLautour domed that the transfer vas under tho terms of the offer. Witness, continuing, said that he never authorised or consented to a transfer of the timber on Haumatulcu block to the defendant alone, nor did he agree or authorise an agreement from W. Morris and J. Orr to the defendant alone. The first intimation that witness had of such agreement was from what he heard from Horsfall. The defondant had told witness himself about the transfers in connection with Morris and Orr.

By Mr Nolan: There was no other agreemont other than that of purchase already produced. Witness was not aware of tho agreement produoed, nor did he know it was in existence. Ho did not remember being present at the cancellation of the agreement of purchase of sale. James Orr, stationholder, residing at Waihora, stated that he knew the parties in the action, having had negotiations with thorn to dispose of the timbor under royalty. The defendant and plaintiff had visited witness on the matter, It was agreed that Is perYOOtt should bo paid for royalty, with a specified reservation of time. It was really Mr Nolan who fixed up tho shilling. By Mr Nolan : Tho amount offored was 9d, but some tinys afterwards Mr Nolan arrangdd it at Is. Messrs DeLautour or Price, as partners or otherwise, never mado any arrangements with witness. William Morris, stationholder, residing at Te liaraka, stated he had negotiations with Mr Price concerning tho sale of timber on royalties, and Mr Bell had afterwards offered Is per 100 ft. Defendant and plaintiff came together to make arrangements. Alter that defendant camo to witness’ place, and said that plaintiff had made arrangements with Mr Bell if he got weekly wages. The defendant made arrangements with witness to come down to see Mr Bell. It was on that occasion that the defendant stated that the price was arranged with Bell, and on the following , Saturday witness saw Bell in town, who said he knew nothing about the matter. It was ascertained chat Mr Bell was satisfied, and the agreement was drawn up in Mr Chrisp’s office. By Mr Nolan : The first conversation about the salo of the mterost was long before Mr Price had sold his land to a Wanganui firm. Shortly after that in Houamataku No. 2 witness executed a deed to the defendant for the timber rights, and tho agreement was executed at MrDeLautoiu’s office. By Mr ltees : Witness said that the plaintiff has suggested that a road should be in order to give all parties their share of royalty. The Court adjourned until 11 o’clock this morning.