MAGISTRATE'S COURT.

Taranaki Daily News, Volume LI, Issue 301, 16 December 1908, Page 4

MAGISTRATE'S COURT.

A COMMISSION CASE. In the Magistrate's Court yesterday morning, before Air. 11. S, Fitzherbert, S.M., E. Griffiths & Co., land and commission agents, of New Plymouth, sued Walter Stoddart, of Waverley, for £SO, balance of commission due on the sale of a farm. Air. (juilliam appeared for the plaintiff, and .Mr. Graham, of Waverley, for the defendant.

Alfred C. Bell, manager of Messrs. Griffiths & C'o.'s Elthani branch, produced defendant's authority to sell the farm for £9750 and agreement to pay £l5O commission. .Sold to Edwin Nop.'i. and a;i agreement was drawn between vendor and .purchaser, each party signing. Only £IOO commission had been paid, and £SO was still owing. To .Mr. Graham: The .property was resold through his firm shortly afterwards to Jones, and later, by some oilier firm, to Burroughs. lie'knew nothing of these transactions.

Walter Stoddart, the defendant, formerly owner of this property at Waverley, admitted the authority to sell, lie understood the property was re-sold within 24 hours for £ISOO extra. The sale from himself to Nops was not actually completed; merely an agreement of sale was entered into. From that time on the defendant was inconvenienced by agents bringing probable purchasers on the land. He remonstrated, and Mr. Kagan, representing Griffiths & Co., agreed to allow him £SO off the commission in consideration of his thus assisting in the further disposal of the farm.

'Mr. Quilliam said that if the defence relied on that, the ease was over. If they were relying on this as a set-oil' or a counter-claim, notice of it should have ,been given, otherwise it was imulmisi .sable.

The Magistrate replied that that was so. The only defence would be that tho plaintiff did not earn his commission. That was not alleged, for the agent sold the property for the price put upon it by the vendor. There was nothing to prevent the defendant bringing an action for recovery of the £SO. .Mr. Quilliam mentioned that this promise was denied by the plaiutiffs. lie read an extract from a letter by defendant to the plaintiff alleging' that Kagan employed him at a fee of £SO to assist in selling the place, again; but no further sale was effected. In another part of the letter he claimed that afternoon teas for these visitors looking at the farm had cost him £lO. The Magistrate said he was prepared to hear the whole story if it were thought necessary, to save further litigation. Mr. Quilliam claimed judgment for the plaintiff. Judgment was entered accordingly for the amount claimed, £SO, with costs £0 17s 2d. UNDEFENDED CASES.

Judgment by default was entered in the following cases:—A. M. Williams (Mr. Wright) v. Mrs. J. Ward, claim £3 3s (id, costs. 10s; same v. Mrs. C. Copestake, claim 10s, costs ss; White & Sons (Mr. Roy) v. C. farnhani,claim £5 3s 3d, and costs £2 7s (id; Standish & Kerr (Mr. Hutchen) v. W. J. Smith, claim £2 4s, costs ss; Aroa (Mr. Roy) v. H. E. Russ, claim £3 PJs 4d, costs Us; same v. T. Kinsella, claim £8 15s 3d, costs £1 8s (id; Coleman & Sons (Mr. Weston) v. Arthur James, claim lfis 9d, costs ss; W. Nicholls (Mr. Hughes) v. H. 'Sparks, claim £l4 5s (less £2 paid into court), costs £1 10s (id. Iu a judgment summons, Grayson & Cock v. Sydney 11. Austin, claim £l 5s (id, Mr. Wright appeared for the plaintiff. An order was made for payment within one week, in default a week's imprisonment in New Plymouth gaol, the warrant to be suspended so long as 5s per week is paid. Several cases were adjourned, confessed, or otherwise disposed of. EVIDENCE TAKEN.

Evidence was taken in the case of the Wellington Ixian Company v. the executors of the estate of the late James Cartwright George, a claim upon a promissory note. John Ellis, managing clerk for Govelt & Quilliam, and 11. 11. George, one of the defendants, gave evidence that the signature to the promissory note was not, in their opinion, written by the late Mr. George.