MAGISTRATE'S COURT.

Taranaki Daily News, 1 October 1919, Page 6

MAGISTRATE'S COURT.

CIVIL BUSINESS. (Before Mr T. A. B. Bailey, S.M.) RESERVED JUDGMENT. In the Magistrate's Court yesterday Mr T. A. B. Bailey, S.M., gave' reserved jndarment in the case of C. A. P. Wood IMr C. H. Croker) v. G. H. Wheeler (Mr Ronald 11. Quilliam), a claim for £3O 18s in respect to the sale of cattle. The decision was in favor of plaintitf for the sum of £l7 18s and costs. CLAIM FOR COMMISSION. John Hart (Mr Ronald H. Quilliam) claimed from Richard Eyre (Mr C. H. Croker) the sum of £SO as commission on the purchase of a moving picture show at Wcverley. Evidence war, given by plaintiff that the son n:' defendant approached him with reference to the purchase of p. picture show at Waverley. They had a meeting in Eberlett and Morgan's office, when witness 'said he would have to negotiate through Eyre's father. Subsequently a meeting with the defendant took place and an agreemert ins arrived at for the purchase of th» ".-how" for £4OO, and £SO commissi«r v/as agreed upon if the sale was brought, off, including expenses; but if there w.-.s no purchase Eyre was to pay expenses. Sundry visits were made to Wavsrie.y, and a deal ultimately arranged at £4OO. Eyre appeared satisfied, and when the subject if commission was next mentioned defendant said he had not the cash in hand, and plaintitf agreed to accept a four months' bill. The bill was prepared by Eberlett and Morgan and taken by defendant, but had never been leturned. Liability had never been disputed.

In the course of cross-examination plaintiff said he based his commission always according to the circumstances of each case he handled. He did not belong to any land agent's organisation. His own personal expenses in connection with the case were £6, and Mr Eberlett was to receive £25 for going to Waverley. Frank Eberlett and Dan Le Cren Morgan, land and estate agents, gave corroborative evidence as to the verbal arrangements for commission and the preparation of a promissory note.

The case for the defence was set out by Mr Croker, who said that no definite commission was arranged in the case as it now stood. The commission was agreed upon on a sliding rate, according to the way in which the deal was effected. The goodwill of the lease and the stock and plant of the picture business was for sale for £SOO. Negotiations took place between defendant, his son ijnd the plaintiff, Hart, in Eberlett and Morgan's office. It was never agreed that defendant should pay £SO commission As a matter of fact the deal for the place at £4OO was brought off by defendant' 3 son who commenced the negotiations and completed them. Defendant, however, was prepared to pay a reasonable amount for commission. Mr Croker made an offer of £2O. but plaintiff declined to accept that sum. Evidence v.as then given by Richard Eyre who said he agreed to pay tlfe reasonable expenses of Hart and Eberlett for journeys to Waverlcy, whether the deal came off or not, and for commission a fixed sum on the basis of a £4OO deal, rising to a maximum oi £SO affording as the price of the property receded.

Tn reply to Mr Quilliam witness said hip son got a lease of the property. He could not say what the goodwill was worth. He thought £2O would be a fair commission on the deal and he was prepared to pay that. He -would have jieen willing to pay £SO if the purchase had been arranged at £350 and a good lease secured. He did not consider his son had got a goqd lease.

TVm. T. Eyre gave evidence as to the agreement for the commission, and also stated he personally had to arrange the new lease of the premises in which the pictures were screened. Eberlett and Hart took no part in arranging the lease. In giving judgment the Magistrate remarked that the agreement made was another evidence of the laxity with which some people enter into business undertakings. 'There was a direct conflict of evidence as to the amount of commission agreed upon and under the circumstances he came to the conclusion that £SO was to be the max'imum amount. He therefore gave judgment for £7 expenses afid £ls commission.