R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 105, 12 April 1884, Page 2

R. M. COURT, GISBORNE.

(Before J. Booth, Esq., R.M.) THURSDAY. COMMON, SHELTON, AND CO. V. ADAIR. Mr. Brassey for plaintiff, and Mr. DcLautour for defendant. Claim £44 ss. Bd., of which £3O 19s. bad been paid into Court. Mr. Delautour said they had paid in all the items in the claim except the amount for commission, as the defendants were not the agents in the matter. Mr. Brassey explained the case to the Court. He made out that Mr. Common was Mr. Adair’s agent in effecting the sale of forty acres of land. Mr. Common deposed—Mr. Adair spoke to me about the sale of some properly, and told me what he wanted for it. I asked him if he had effected a sale with tlie customer he had

sent. He said no, as the customer had not enough money. The defendant never told me not to send a customer. I am a commission agent. I gave Mr. Doyle a tester of introduction to the plaintiff—(letter read). I learned that Mr. Doyle had ultimately i bought the property. The defendant then offered to pay me half the commission. 1 said if we were not entitled to the full amount we would not take any. To Mr. DeLautour —I could not say when I first spoke to the defendant. I don’t remember him saying that the property was in Mr. Dufaur’s hands. He said that Mr. Dufaur had been trying to sell it for him. I forget who the first customer was that I sent. I think I can claim a 3rd of the commission as I introduced the purchaser. C. Doyle deposed—l purchased 48 acres of land from Mr. Adair. I had been looking out for a suitable place, and I was told that Mr. Common had some property for sale. I went to him, and purchased it. I saw Mr. Adair yesterday and I think he told me that I need not attend here to-day unless my expenses were paid. To. Mr. DeLatour—Mr. Nolan helped me to buy the land. I could not have bought it without Mr. Nolan. This was the plaintiff’s case. Mr. DeLatour said the defence was that there was no contract between the plaintiffs and defendants entitling the latter to act as the former’s agents. W. Adair deposed—l employed Mr. Dufaur and Mr. C. Smith to sell my property. lam not a Commission Agent. Mr. Common spoke to me when the property was in Mr. Dufaur’s hands. He asked me if I had sold my property. He said he thought he knew of a purchaser. I told him I could not do anything in the matter at present, as it was in Mr. Dufaur’s hands for sale. I saw Mr. Common some time later, and he told me the purchaser he had in view had gone away. He then asked me the price, and I told him. Doyle came to me and I sold the property to him for £BOO. To Mr. Brassey—l am not a general commission agent. lam agent for an insurance agency, but I don’t call that a general commission agency. I have never sold grass seed on commission. I never paid the defendants a commission for selling grass seed. I did not give Mr. Dufaur authority to sell the property to one individual alone, but to any purchaser. I don’t recollect a conversation with Mr. Common when I told him that the customer he sent had not enough money. Mr. DeLautour said that he still maintained that there was no contract between the parties. No contract had been established, therefore he submitted that the defendants were not entitled to the amount claimed. Mr. Brassey contended, on the other hand, that instructions had been given by the plaintiff to the defendant to get a purchaser ;—the evidence showed this. He also showed that the property was out of the hands of Mr. Dufaur when it was sold. His Worship thought that instructions had been given by the plaintiff to defendant. He would, therefore, give judgment for the amount claimed, less the amount paid into Court, and costs. ASSAULT. Geo. Burnand was charged on the information of W. C. Campbell, with assaulting him. Mr. Finn for informant, and Mr. Brassey for defendant. W. C. Campbell deposed—l met defendant at the corner of Page’s Hotel, who asked me to shout for him and Mr. Fryer. I refused. Defendant went into the hotel and came out again, and asked me what I had said about him to Blain. I replied I knew nothing about it, and then he struck me in the face. The defendant afterwards apologized to me, which I accepted, subject to Mr. Finn being settled with, whom 1 had employed and had to pay. The defendant went away and came back again and said the costs were too much. After taking the evidence of the defendant, and hearing the arguments on each side, His Worship inflicted a fine of ss. with costs seven shillings. COMMON, SHELTON AND CO. V. C. SMITH AND CO. Claim £l7 16s. lid., for commission on goods. Mr. Brassey for plaintiffs, and Mr. Nolan for defendant. In reply to Mr. Brassey, Mr. Nolan said the defence was not indebted. On the evidence being taken, his Worship nonsuited the plaintiff, with costs, £4 odd.