MAGISTERIAL.

Globe, Volume XXIII, Issue 2333, 24 September 1881, Page 3

MAGISTERIAL.

CHRISTCHURCH. Friday, Seftembeb 23. (Before O. Whitefoord, Esq., R.M.] Civil Oases. — Gibson v Lonnie, claim £26.2 a, as commission for sale of a property, adjuring accounts, &3. Mr Joyce for plaintiff, Mr Salter for defendant. An action contia , for £9 2a 6d, charge for meat supplied to plaintiff, was taken at tho same time. Plaimiff stated that ho had been authorised to offer for sale a piece of land belonging to defeniant at a certain price. After considerable trouble he succeeded in procuring a purchase), with whom his principal, after some negotiation closed, and received a deposit on tho bn-gain. Afterwards, in consequence of some disagreement,the purchaser declared off, the secernent to purchase was cancelled, and the d«posit returned. The cancellation was settled by tho principals without reference to pi an til, who, it was acknowledged, had done all thit was required of him as agent. Plaintiff new claimed 2j- per cent, as his commission on the sum of tho purchase money. He further claimed £7 2» for making up books, making in all the amount sued for, and which was resisted by defendant. Defendant stated that on giving the authority to sell to plaintiff ie undertook to pay him £ls for his trouble if a certain price was obtained, and £lO for any lesser sum. The charge for making up books was excessive. His Worship said tho evidence given by plaintiff and defendant as to the agreement, and there was no other evidence oa that point, was directly opposed. He thought on the whole that the customary commission could not be claimed by plaintiff; he must be paid quantum meruit, and as he appeared to have ;one to a great deal of trouble in the affair, ie was certainly entitled to liberal remuneration. On this item ho should allow £ls and a clear receipt from defendant for tho contra account of £9 14s. For the work at the books he would be allowed £3 3s. Judgment for plaintiff for £lB 3s, with costs of Court; solicitors fee £2 2s, and expenses of one witness 15s. Donne v Qirdler, claim for £l6 4s, rent of a house and suit for recovery of the promises. Mr Thomas appeared for plaintiff. Defendant in this case when it was first called said he disputed the claim. Mr Thomas, saying he was surprised at that, asked for and obtained a subpoena for a witness, the case meanwhile being postponed. When it was called on again defendant did not appear; judgment was therefore given for the amount claimed with costs, solicitor’s fee £2 2s, and expenses of one witness, and defendant was ordered to give up possession of the promises forthwith. —Williams v Holt, £2 10s, commission on the sale of a horse and trap. There were no witnesses called, and defendant denying that plaintiff had ever had anything to do with the sale, which in effect was not denied, plaintiff was nonsuited with costs.—Upjohn v Manders, claim £4 2s, for butcher’s meat supplied. Defendant disputed the accuracy of tho account rendered, and to some extent proved his contention. Judgment for plaintiff for £3 17s lOd.— Dp John v Oox, claim £3 15s 6d. This was in all respects similar to the preceding case. Judgment for plaintiff for £2 4s 10Jd. —Judgment was for plaintiffs with costs, by default, in Hobbs and Co. v Honor, £1 6s ; Taylor v Hilyard, £1 15s 6d ; Nathan v Blanohfield, 19s j Free v Cooper, £lO 13a ; Mason, Struthers and Co. v Somers, £3 7s 6d; Hill v O’Oallaghan, £1 7s; and Pitman v Maher, £8 10s. Kennedy v Hamilton and Willis was adjourned till September 30th.