STRATFORD NEWS.

Taranaki Daily News, Volume LV, Issue 224, 10 February 1913, Page 3

STRATFORD NEWS.

J (From Our Resident Reporter). [. A COMMISSION CLAIM. THE CD,ST Oi- A " SWAP." There was tlie usual kind of case in Court on Friday, arising out of the only too usual lax methods adopted in negotiating the usual kind of Taranaki land deal —a swap. The District Official Assignee in the estate of James Hodge, bankrupt, sued John Wilks, of Brecon road, Stratford, for CGI) odd as commission on the sale of Wilks' farms on Norfolk road, near Inglewood, one being freehold and one leasehold. Hodge effected the exchange with David Kelly, of Kaponga, for a stable business there. The claim was for live per cent, on the freehold and 2'/> per cent, on the leasehold. Plaintiff claimed that he had been promised the usual commission and something over, because Wilks badly wanted to sell, as he was being pressed. He admitted the values of the properties had been "boosted up," which the Magistrate remarked seemed the usual practice. For tlie defence it was stated that Hodge had agreed to accept £SO commission. and a conversation to that effect was recalled. That amount had been paid. Mr. Croker, for the defence, contended that there ha 3 been accord and satisfaction; that the deal was not a sale, but an exchange; and quoted the authority r>f Mr. Justice Edwards that where there was no binding custom, and no special arrangement for payment, a fixed amount of commission on exchanges, an agent who induced his principal to agree to an exchange was not entitled to conirois?i'i?!i as <sn a sale but merely to rciiiiilieftition for the value of his services. The third point raised by the defence was that the claim was for commission on a "sale," whereas this was an exchange. Mr. Wright was refused permission to make this amendment in the statement of claim.

In giving judgment for the defendant, the Magistrate stated that when land agents ran after and induced clients to sell or exchange, the question of commission was left in the background. Hut land agents who carried on a proper and legitimate business always told their clients what commission would be charged. This case had been brought about by the absence of some agreement. They had evidence that Hodae later had agree'd to take £SO. The Magistrate considered that ITodge had been reasonably remunerated by the payment of ;C4- r j by one party to the deal and £SO by the other party. Judgment was entered for defendant, with costs £ll 10s 2d. Mr. C. Wright appeared for the plaintiff, and Mr. C. W. Croker for defendant. STRAY PARAGRAPHS Our Stratford shootists complain hotly of the indifferent marking at the rifle meeting at Xew Plymouth, and seem quite agreed upon the pon.t. The large sum of £fi. paid for challenges, seems to indicate pretty clearly that the rifleshots were not satisfied with the work of the men in the trenches. It is alleged that sometimes, in order to come out with a clean sheet, or with no faulty marking discovered, the markers frequently cover up the hole in the target. Whether this is alleged to have taken place at Xew Plymouth is not clear, but the man who made the statement gave it a fairly general application.

The Borough Council holds its ordinary meeting to-night.

Mr. Alf. Cray, director of technical education, will visit Stratford in a day or two to try and galvanise some people into life. The ordinary work of our technical "school is going along satisfactorily. but Mr. Gray talks of breaking new g-.-ound.

The Stratford County Council invites j tenders, closing on the 10th inst., for i the supply of .10ft yards of shellrock in the Mangaehu riding, and drain-cleaning in Douglas Valley. ■ BERNARD S PICTURES—TO-NIGHT The new programme. which will be shown to-night for the first time, is announced as a boom series. These pictures include "Lieutenant Daring. R.X., and the Ship's Mascot." a series of sensational adventures on the part of this popular picture hero. The Lubin Company is represented by a charming and endearing photoplay, in which light drama is seen at its best. It is entitled "His Life." and tells of the neglect of and ?!ili-C(|iient penitence for home and mother by a young American who left his native village and settled in Xew York. He became a very successful business man. but the city "gobbling" him up. he never bothered about the old folks at home. '•'Swift Waters," another light drama, provides an acceptable character study, including a powcrfullvcast portrait of a man. in the true sense of the word. "The DarliiiQ- of the C.S.A." is a sensational story of the American Civil War. and pictures three pitched battles. On th? scenic side some beautiful seascapes are shown, while the indn; !••!.»! section is represented by 'The Srblnir Industry in Sicily." of special inl /est in view of the projected development of White Island. Xew Zealand. The comics are a fascinating lot, "Just His Luck" anil "Bessie's Dream" being specialty mirth-provoking.