Page 4 Advertisements Column 1

Grey River Argus, Volume XIII, Issue 1573, 20 August 1873, Page 4

I did not write the memoa afterwards. I didd not enter instructions into my daybook.. I cannot recollect the date of receiving these instructions, 1 can only recollect about the date, because Hunt was busy. It was not when Seebeck was selling out I got them, but long before. It was near about March. The first time I saw Seebeck was about eight or nine months ago. The instructions were got because I thought I had Seebeck for a customer. I don't recollect Hunt saying he had a customer for L 3 000. Raphael first told me of the sale. I never spoke to Hunt since the middle of May. I have not spoken to him since. I had a disagreement over a cheque. The instructions were given me over the counter where they were written. My son was present. The 5 per cent was also then written, I read the document and instructions to Seebeck, as also the terms. I was then acting for Hunt. I have said I could recover commission from Seebeck as well as Hunt. I did not ask for a handsome present, and did not say that when taking valuation I could do him a good turn. Seebeck offered me a present. I have spoken to Seebeck about this business since May, In conversation, with Seebeck I spoke about bar parlor and shop. : ; I swear I did not ! know Seebeck was leaving Greymouth. When he bid me good-bye, I did not know he purposed leaving Greymouth.

Lonis Seebeck : I am now proprietor of Hunt's Club Hotel. De Costa told me that Bunt intended to sell out. I often called at his store, and he came very often to the Victoria Hotel, and spoke frequently about the sale of the hotel. Never made an engagement to meet De Costa on the wharf to speak about the matteri : He has frequently mentioned the matter to me. On the terms De Costa told me I would be able to buy the ( place, I would never have had it; De Cosfca never read, from ,an envelope the terms upon which I could get the hotel. De Costa never spoke to me about the hotel after he left his store. He said nothing about it since the Ist May. Never had a conversation with Mr Raphael about it. I bought it accidentally one day, when 1 was in Basch's shop, where I met Mr Hunt. Did not promise to give De Costa a handsome present if ha made the valuation for me. He made the remark that I should do so, but I made no reply. In cross-examina- ( tion, the witness said : I never remember seeing the envelope produced with the memorandum as to the sale of Hunt's hotel. He did not read these figures over to me. It was Mr Basch who suggested the purchase, and I did not purchase it for several days after. During that time . I did not see De Costa. After the purr chase was completed I met De Costa, and he said he expected a handsome present from me. At the time I did not know that De Costa was acting as valuator for Hunt. ' : Henry Raphael : I know both parties to this case, and remember a conversation I had with Hunt about the sale afterwards. Hunt said he had given the house to De Costa for sale at some time, but he mentioned no period. Hunt said he had had a row with De Costa, and he considered that from that time all business j transactions between them ceased. J This was the plaintiff's case, and the ! following evidence was called for the defence : — ' Alexander Hosie : I know the parties, 1 c this action. Hunt has often talked to] me about selling out. On 17th May De! Costa and 1 were talking about the pre-^ • mises in front of> Hunt's, 'when, Hunt said; to De Costa "I don't wish you to have! anything to do with my business ; I ami quite capable of managing it myself."' De Costa said he wished to tell Hunt! something about the sale of his property, \ when Hunt replied that he did not want De Costa to interfere in his business. . :W. F. Strike : I remember recently Ec ; Costa telling me he had a commission to sell Hunt's place at five per cent., and he had got a purchaser. He mentionad that ; Seebeck had promised to give him the same as Hunt gave. ./. _3. W. Hall : I remember a conversation taking place between Hunt and De Costa about : the premises. There were high words, and 1 1 heard Hunt say *'I don't want you to interfere in my business.'' ; ■ . ; ;: ; i . l ', ; :./■■'?(, Charles Marks : I remember one day being in Hunt's when high words took place between De Costa and Hunt at the door. ; I heard Hunt say f I don't wish you to interfere in my business* you can look after your own." ., I was afterwards present when a' conversation took place between Hunt and Raphael, in. Levy's store, "when "the envelope was mentioned, and the 5 per cent, which Hunt would not recognise. Hunt stated then that no agreement whatever existed between him and De Costa for the sale of his premises on commission. Henry Hunt, re-called : My house has been open for sale for two years. De Costa was continually running after me about selling the premises. I remember in March seeing him, when be said that a probable purchaser he had, had gone to the reefs, and that was off. Early in May De Costa said he had a purchaser if I would not ask so much. I then told him that I had an offer for. Llooo,half cash. It was one day in De Costa's shop, while we were talking, that he put down some figures on an envelope, but I did not know what they were, and I am..sure I. never mentioned 5 per cent. Since the 17th May, when I had 1 words with De Costa in front of my house, I have not spoken to him. That was the day I told him I did not want him to have anything to do with my property whatever. During the negotiations with Seebeck I never saw De Costa on this matter, or spoke to him during that period. I never admitted to Raphael that I was to give De Costa 5 per cent on the sale of the property. By Mr Guinness: By niy leave, De Costa never had my property in Hishauds for sale.' '.....■ After Messrs Perkins and Guinness had been heard, • The Magistrate carefully reviewed and commented upon. the evidence, in the course of which he said that if De Costa had been acting as a property agent, he would have had some books or documents to show in evidence that he had exerted himself in various ways in order to effect a sale. He was of opinion that any right De Costa had to the safe of the property ended on the 17th May, when the quarrel took place," and it appeared from the evidence that since theri'De Costa had done nothing whatever in the matter. He could not see that De Costa' had done anything, to^receiye' any portion of the commission ' he now claimed, and, the judgment would, be for the defendant, with costs.