MAGISTRATE'S COURT.

Levin Daily Chronicle, 1 November 1917, Page 2

MAGISTRATE'S COURT.

[LEVIN—THURSDAY.

(Before Mr G.W, K. Kenrick, S M.) A CLAIM FOR COMMISSION. j. K. G. Stansell, land agent (Mr Blair) claimed £75 from J. W. Perkins (Mr Cooper), land agent, this being the amount allegedly agreed upon as commission on the sale of defendant's property at Levin to R. Seivers, of Mastertdri. 1 Mr Blair said plaintiff was properly authorised in March by defendant to sell his farm, and they claimed that this was eventually done through plaintiffs instrumentality. Counsel traced elaborate but abortive negotiations for the sale and said that eventually plaintiff met Mr Seivers to wham on March 17 he showed defendant's property with several others. A triangular deal was arranged between Seiyers, Perkins and a man named Zillwood, by which Perkins was to take Zillwood's farm at Shannon, Zillwood was to take Seivers' property at f ..Masterton, and Seivers was to take Perkins' property. Zillwood, however," was unable to make financial arrangements to complete the sale and a request was made that plaintiff shnyld reduce his commission by £5. He refused and defendant refused' "to cOnipi ete the sale. The next plaintiff heard was that Perkins' property had been sold to Seivers. Counsel contended that the triangular .deal had been, broken off in order to enable Seivers and Perkins to come to ail agreement and so defeat,plaintiff's claim for commission. Plaintiff claimed that he had; brought Seivets up to the purchasing point and that it was no fault of plaintiff's that the sale fell 4hrough.|

Plaintiff gave evidence on the lines of counsel's statement.

Mr Cooper said the defence was that long before the property was put in plaintiff's hands, defendant had been negotiating with Seivers. In the previous December defendant mentioned the property to Sidney Seivers, who communicated with his father. The latter came to see the land and decided to buy it the terms and price were suitable, but he wished to dispose of his Mastercon property first. The reason the triangular deal fell through was that Perkins stipulated that the mortgages on Zillwood's property should be renewed for five years. That was agreed to verbally but plaintiff did not make that stipulation in the deeds, and .jPerkins refused to go on with the transaction on that ground. Later Perkins spoke to Sidney Seivers again about his father purchasing hia • property. Defendant reduced the price from £3300 to £2000 and it was that that brought Mr Seivers in as a purchaser.

Evidence was given by plaintiff and Sidney Seivers, and the Court adjourned for lunch.