CLAIM FOR COMMISSION

Taranaki Daily News, Volume LII, Issue 36, 8 March 1909, Page 2

CLAIM FOR COMMISSION

AN UNUSU'AL CASH. An action ill which the plaintiff was Henry Adam Mackay, frozen meat and produce broker and land agent, Wellington, and the defendant was Charles Frceling Reeves, settler, Pohokura, near Stratford, was 'heard before Mr. Justice Cooper at Wellington on Friday. According to the statement of claim, defendant, on March, 1008, agreed to pay plaintiff £250" commission in the event of him effecting an exchange with one Joseph L. F. Hollct of defendant's farm for Rollet's Arcadia Hotel and certain other properties situated in Wellington belonging to Rollet. Plaintiff alleged that he duly .effected the exchange, and that Rollct p.aid defendant £IOO as a deposit on certain moneys payable as equality of exchange. Defendant had, however, refused to pay him the amount due as commission.

Defendant, by his statement of claim, set out that at the time of the negotiations plaintiff was a clerk in the employ of H. E. Lcighton, land agent. Claims had been received by him from plaintiff, Leigliton, and Levien and Shalerass, but defendant denied tlut anyone was entitled to commission. Defendant said that plaintiff introduced Hollct to him with a view to effecting an exchange. Rollet told him that on.i of his properties on Kent Terrace was subject to a mortgagee" of £BOOO, and tliat another property, the Arcadia Hotel. which was"a profitable concern, was let' on a lease at £ISOO per annum to a solvent tenant, who desired to continue the lease. Relying on the truth of the statements, defendant made an offer in writing to Rollet tor the proposed exchange. Defendant stated that his farm, which was situated at Pohokura, contained 3846 acres, anil was subject to a mortgage of £7500 to the Public Trustee. In exchange for the property, Rollet -was to give him the property in Kent Terrace, togleth'cr witlh twelve dwellings erected thereon, subject to a mortgage of £BOOO, and t'lie Arcadia Hotel, subject to a lease to Fatterson at a rental of £ISOO per annum, and to a mortgage of £10,500 to Jacob Joseph's estate, find all liis (Rollet's) rights to purchase an hotel license for £9OOO. Defendant alleged that subsequently ha found that the mortgage on the Kent Terrace' property was to secure only £2050, and that the hotel was not a paying concern, llollet had then admitted his (defendant's) ri<Jit lo refuse to complete, and the negotiations were terminated by the acceptance by Rollet of a refund of tlie £IOO previously paid bv him.

After hearing evidence and argument, his Honor intimated that he would reserve judgment.