SUPREME COURT.

Taranaki Daily News, Volume LI, Issue 238, 1 October 1908, Page 4

SUPREME COURT.

NEW PLYMOUTH, WEDNESDAY. I (Before His Honor Air. Justice ' Deuaiston.) The session, were brought to a close < yesterday, i AN' APPEAL. | In the appeal case of Nops and Kemp, I laud and commission agents. Stratford I (appellants v. Patrick Keilv, farmer, c Stratford (respondent). Air. '\V. I). An- < der.sou appeared for appellants and Air. YY. Kerr foj- respondent. The appeal was from a decision of Mr. A. Tumbull, S.M.. in a case heard at Stratford iu .lime. Then Xops a.i I Kenip claimed C4O commission from respondent. Kelly was (he lessee under a lease in perpetuity of sections ;i and i, block 4, Oinona Survey District.. Through the agency of the plaintill's one ,1. .1. Hills was introduced to Kelly as a Oliver «f this property, lint mtd-r the Laud Act of 1802 Hill's was not eligible to hold this property, and it shown that he was purchasing inure!v as a speculation. Kelly therefore did not complete. Uiter Hills claimed damages against Kelly for non-completion of the purchase. The action was adjourned on the terms of an agreement which provided, inter alia, that Kelly should pay no commission in respect of the sale but -should pay all other expenses usually paid by a vendor, and that if Hill 5 could not find a pureha ;er within three months the agreement tor the sale of the property should be deemed cancelled and Hill, should witndraw the action and pay Kelly's costs irf therewith, not being a greater sum than £3l 10s. A man named Thomas ultimately purchased Kelly's interest in the land. The Alagistrate decided that there was not effective agreement between Hills and Kelly as to the sale because Hills could , not legally become the purchaser of Kelly's land when the agreement was entered into. Apart from this, his Worship considered that the sale by Kelly to Thomas was the outcome of the subsequent agreement embodying the terms of the adjournment of the' action for damages, and on an entirely different basis from the agreement for sale. Therefore his Worship was of opinion that Nops and Kemp were not entitled to commission, and he gave judgment for defendant Kelly. The appeal was on the ground tint the Alagistraite's decision was wrong in law. After a very lengthy legal argument his Honor reserved his decision.

IN DIVORCE. TRASJC v. TOASK, AND SMITH v. SMITH AND BROI'HY. Mr. T. S. Weston mentioned to bis Honor that the above cases would not be ripe for an application for a decree absolute for dissolution of marriage oefore Friday, the 2nd October. Upon the application he intended to move for the petitioner (the mother) in the firstnamed case and for the petitioner (the father) in the second case to have the. custody of the children, Honor said he regretted that important business at Wellington would compel him to leave New Plymouth on Thursday, but he would take the cases at Wellington on Friday, the Bth October, at 10 o'clock.