MAGISTRATE’S COURT

Hokitika Guardian, 21 April 1921, Page 3

MAGISTRATE’S COURT

THUHSDAY, AI'KII 21. (Before C. R. Orr-Walker, Esq., S.M.) AFTERNOON SITTING. A DISPUTED CLAIM. A. J. Wagner (Mr ,Joyce) v. E. Teichelmann (Mr Park) claim lor 025 7s (kl commission on sale of a Buick motor car. A. J. Wagner deposed he was the plaintiff. He had gone into the Red Lion Hotel with Mr Jeffries and saw Dr Teichelmann and Mr Mclntosh in a parlor. There was a conversation, the Doctor stating lie wanted to sell his car. Witness offered to sell the car tor him and the Doctor said he wanted 1:500 and that he would give him a commission. Later the Doctor said he would sell it for C 450. AV itness put an advertisement in the paper and subsequently sold the ear to Air Perhani for 0450. When he told the "Doctor of the sale Dr Teichelmann went off at a great rate and said he wanted 0550 and would not sell at £450.

To Mr Park.—Dr Teichelmann asked witness to sell his car. There was a. general conversation in the room. \\ itness told him that was his business. The Doctor said lie wanted 0500 for the car. When witness told him lie had sold it for £450, the Doctor said he would not sell it under 0550. At the first interview lie said il lie could not

got ,0500 for it he would take it over to Christchurch to sell it. Until after the sale of the car the figure of 0550 was not mentioned.

John J. Mclntosh deposed he Was an hotelkeeper. At the end ot November be remembered Dr Teiehelmann was in the parlor when Mr Jeffries and Mr Wagner came in. The Doctor said he was going to sell his car and Mr A\ agncr asked him what he would take for it, and he replied £SOO. Wagner said lie did not think he could get that for it, and the Doctor said he would take it to Christchurch and sell it.. Wagner then said lie would sell the car if he would allow him a commission, and the Doctor said he would give him a commission. To Mr Park—Nothing was said of £450 in his presence. Richard F. Porham deposed he was a sawmiller. He saw a Buick car advertised for sale and interviewed Mr Wagner who said the price was £450. Arranged to have a run with the machine, I)r Teiehelmann, Wagner and witness being present. Two hours later told Wagner he would take the car. Next morning Wagner sang up and said the Doctor would not sell the car at the price. About a week after he met Dr Teiehelmann, and after discussion he

1 agreed to give £SOO for the car. There ' was no other trial given after the j first one in the car. \ To Air Park—Witness thought the ‘ {nice of £450 was a decided bargain, f Witness crossed the car out, of his mind j after Wagner had told him that the I Doctor would not sell at £450. To Mr Joyce—After Wagner told him i the Doctor had refused to sell at £450, Wagner advised him to stand off for a few days and then he advised him to give £SOO.

This was the case for the plaintiff. Air Park outlined the defence, and j led evidence as follows : Ebenezer Teiehelmnnn deposed he j was the defendant. In November last |he went into the Red Lion Hotel. I There were several persons in the room and he mentiond he wanted to sell his •Bnick car. Mr Wagner was present j and he remarked that perhaps ho could j sell it. Witness said he wanted £550. ! Wagner thought that was too much to j ask and witness said if he did not get j that he would take it to Christchurch Jto sell it. That was all that took place. : He made no arrangement with Wagner to sell the car. The next thing was | that Air Wagner came to the garage to j look at the car and asked for a ride, j Took him a short ride and hack, and j alter brought in Mr Perham and asked I witness to take them for a ride. Did | so, and when ho came back told ! Air Wagner he was not taking out any more for a ride. Had never discussed the question of a commission. Later Mr Wagner met him and said he had sold the car for £450. Witness was astounded and angry. He asked -.vhat right Mr Wagner had to offer the car for £IOO less than what he had asked for it. He told him he would not sell it for less than £SOO without any commission. Subsequently lie sold tho ear to Mr Perham for £SOO. At the interview in the Red. Lion Hotel he did not mention £SOO or £450. (Left sitting.)