THE FAMA CASE.

Taranaki Daily News, 28 February 1920, Page 5

THE FAMA CASE.

THE SUPREME COURT DECISION. In this case it will be remembered B. A. Fa ma and his wife sued James and Gillman and the South Taranaki Building Co., alleging that James and Gillman had fraudulently sold a house for £IBOO instead of £IS2S. They further claimed that James and Gillman were the undisclosed agents of the Building Company, who were not entitled to commission, as they did not hold a land agent's license. •They churned £75, being £25 which they alleged James and Gillman had defrauded them of on the sale, and £SO refund of commission. The Magistrate, Mr. Wyvern Wilson, held that there was no fraud, and gave judgment for James and Gillman so far as the claim for the £25 was concerned. He held, however, that the Building Company were the principals of James and Gillman, and having no license as land agents could not hold tho £SO commission. Against this decision the Building Company appealed, and tho plaintiffs (Fama and his wife) rut in a cross appeal against the decision in favor of James and Gillman. The appeal was heard at tho last sittings of tho .Supreme Court at New Plymouth, before Mr. Justice Sim, who reserved his decision, which hai: been received by the Registrar at New Plymouth, the Judge allowing the apneal and dismissing the :ross appeal with costs in both cases. The result is that James and Gillman and the South Taranaki building Company succeed on all points. On the appeal, Mr. O'Dea appeared for the Building Company (instructed by Mr. James l''oy). He also appeared on the cross .ippeal for James and Gillman (instructed by Messrs Welsh. McCarthy and Bcrciipy). Mr. K C Sprnft appeared for the Fnnvas on both appeal and cross anpeal