ELTHAM.

Taranaki Daily News, 24 January 1918, Page 3

ELTHAM.

| S.M. COURT. v. (From Our Own Correspondent.) Eltham, .lan. 23. A sitting of the S.M. Court was held this afternoon, before Mr. A. Crooke, S.M. Alois Hurliman, farmer, of Mangatoki, was cliarged with the theft of a buggy lamp, value 7s 6d, the property of James Penny. Accused pleaded guilty. Constable Townsend stated that Hurliman said he had to go through the town 011 his way home; and required two lamps alight to obey the law, so he took or "borrowed" Mr. Penny's lamp. The Magistrate convicted defendant on the charge, and ordered him to come Hp for sentence within three months if called upon. A prohibition order was made out against an Eltham resident, who did not appear. Mrs. V. R. Williams was fined ss, costs 7s, and solicitor's fee 10s fid, on a charge of driving a buggy without light* LAND AGENCY CLAIM. The commission case, J. Wheeler v. M. McGarry, was resumed at the S.M. Court this afternoon. This was a claim of £(!0 for commission in connection with the nale of the Eltham mart property from A. W. Blennerhassett to R. H, Phillips. At the first hearing Mr. Wheeler gave evidence relating to his connection with the deal, and was agifin placed in the box. being represented by Mr. Crump, whilst Mr. Morrison represented Mr. McGarry. Witness related that he had got into touch with Mr. Phillips, and suggested that he should purchase the Eltham mart from Mr. Blennerhassett, the latter to take a farm as part payment. It was necessary to see Mr. McGarry, who represented the mortgagee. Tt was to the interest of Mr. Blennerhassett to get the deal moved on by getting the lease renewed. Witness was waiting to see what would happen as a result of ,this interview and did not then write Mr. McGarry. Never made any inquiries as to the result. He absolutely denied that the present action was one of blackmail, nnd did not know that McGarry had a reputation of never going to court. Believed that McGarry would carry out the transaction with him. Dropped McGarry a letter in July after the transaction had been completed. Told Blennerhassett what had happened and also that lie (Wheeler) expected to receive a commission. Thought, he had dont his p3.rt and that McGarry had done very little. Witness had brought Phillips to Blenijerhassett to inspect the mart. Mr. Crump contended that Wheeler had done his part in bringing the parties together. It was a custom among agents that the one wifh a client introduced and leading to a deal that the land agent in the first instance received part of the commission. Evidence would develop that McGarry did reeeive'the whole of the commission resulting upon the transaction, and the present action hinged upon receiving a part of the coinmission. The extension of the mortgage was a preliminary to the sale of the property. Evidence relating to understandings with land agents regarding part commission for introducing a client to a second agent was given by Messrs .T. Henry Thompson (Stratford), G. TT. Buckeridge (Eltham), and H. .Tames (Hawera). Mr. A. W. Blennerhassett. farmer, of Tarata, stated that at one time he was in possession of the Eltham mart. .Placed the disposal of the business in the hands of Wheeler, who brought him more than one possible client. La tor on he brought Mr. Phillips, of Tarata. to inspect the property. Wheeler and Phillips inspected the premises, but witness did not go, being too busy. Wheeler notified him that a, deal might bo made, but probably Phillips would require the mortgage extended. There was some delay, and the next information came from McGarrv, Who notified him that Phillips was "a possible ourehaser. This he took to refer to the propertv which Wheeler was entrusted to sell. Saw McGarry *nd told him that Wheeler had already Toferrod the property to Phillips. McGarry stated that Plilllins did not desire anvthin? further wth Wheeler, and it was in his 'McGarrv's\- hands to deßl with, He knew that Wheeler had also entered into negotiation with Mr. ,Small#;y with *e-

gard to leasing the mart. Phillips then completed Ihe deal and leased the property to Mi. Smaller. Paid no commission to McGarry. To Mr. Morrison: The property was jn the hands of several agents. There had been no discussion about the linaiicinl position iieivretr: witness, Phillips, and Wheeler, but lie had had a conversation with YVhcelcr a few days later. Oid not know that plaintiff was applying tu Mr. McGarfy to secure an extension of the mortgage Heard nothing further until McGarry wrote suggesting re-opening the matter. A. E. Smalley, who lias leased the mart, gave formal evidence regarding the leasing of the premises, after which Mr. Crump appTied for a further adjournment to allow of two other witnesses being heard. An adjournment was made until February -20. At the court sitting an application for a. land agent's license was granted M. MeGarrv.