R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 126, 8 May 1884, Page 2

R. M. COURT, GISBORNE.

(Before J. Booth, Esq., R.M.) THIS DAY. CIVIL CASES. REES V. M'DOUGALL. This case was adjourned from last Friday in order that his Worship might consider before delivering his decision. He said :—On hearing the evidence, I have no doubt that there was an agreement made between the plaintiff and defendant, Norris being present at the time. The agreement was that a certain work should be done, as to getting a title to some land through the Lands Court at one of its sittings, the payment for which work was to be £lOO. The work was not done in the time specified by the agreement, therefore it lapsed. The plaintiff will therefore be nonsuited with costs, £5 2s. BENTLY V. SOMERVILLE. Decision was also given in this case this morning, in favor of the plaintiff, as the assignment put in by the defendant was of no value, as he (defendant) was not a party to it. Costs, £4 ss. H'.IG V. SOMERVILLE. Claim £B7 10s. Mr. Brassey for the plaintiff, Mr. DeLautour for the defendant. W. S. Haig—The letter produced, contains instructions for me to sell the store at Waipiro. The other letter speaks of commission. I tried to sell the place to Mr. Harding. I could have sold it to him, but the defendant took the commission out of my hands. On my arrival at Tologa Bay, I received a letter withdrawing the commission. The defendant said he had done better, as he had parted with his interest in the store to Mr. White.

To Mr. DeLautour—l am in partnership with the defendant in a run near the Waipiro store. I received a letter from Harding stating that he would meet me as soon as he could, with regard to purchasing the store. When I received notice from the defendant revoking his authority for me to sell the property, I wrote to Harding to that effect. I delivered the letter myself. lam certain that the defendant told me he had accepted White’s : offer. G. Matthewson—Mr. Hay came to me about the sale of the Waipiro store. I told him I would go in for it with Mr. Harding. To Mr. DeLautour—l did not promise to purchase the store myself. W. Somerville—On the 17th I saw Mr. Hay in Tologa. I mentioned to him that 1 thought of withdrawing my instructions for the sale of the Waipiro store. He said I must make up my mind at once, and let him know. I told him I would inform him in the afternoon. He said “Very good,” and complained that I was very changeable, for which I apologised. Up to the 17th of IMarch I made no arrangement with anyone to take over the property. Mr. Haig consented to the withdrawal of the property. On the afternoon of the 17th we had some angry words about the commision. I did ask him to take a letter to Mr. Matthewson as well as Harding. If Haig had said that he would not allow the property to bo withdrawn the matter would then have been at an end. That was understood between White and I. Mr. DeLautour having addressed the Court, His Worship reserved his decision until tomorrow.