FEILDING COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXII, Issue 8861, 11 July 1907, Page 2

FEILDING COURT.

WEDNESDAY. W. H. Prior v. H. Southey, claim .£Bi as commission on the sale of 230 acres of land at .£24, an acre. Mr Gillespie was for the plaintiff, and Mr Trewin for the defendant. A letter was put in by the defendant, in which the plaintiff had stated that if the land was sold to Messrs Coker Bros, his commission would be .£35. The defendant said at the time the letter was written Messrs Coker Bros, had made an offer of £23 15s and ho had lowered his commission in order to bring about a sale, but that it was understood the full commission was to be paid "in case the full price of the land was obtained.

The evidence being contradictory, judgment was given on the terms of the letter, namely for £55 (which had been paid into Court); with costs against the plaintiff. John Goodin v. Daniel Hanan. Mr Carty for the plaintiff, and Mr Tosswill for the defendant. This was a claim for additional rent on the Club Hotel, Pahiatua.to the extent of 7 per cent, on the cost of the improvements effected, namely £1250. A written agreemont was put in to prove the tenant had contracted to pay this sum and also 7 per cent on the cost of any subsequent additions that might be ordered by the Licensing Committee to the extent of £1415.'

His Worship held that the deed of agreement did not contain the first provision mentioned, though it did the second, and gave judgment for the defendant with costs.