CLAIM FOR COSTS.

Taranaki Daily News, 30 September 1921, Page 2

CLAIM FOR COSTS.

AN INTERESTING CASE. At the Hawera Magistrate’s Court on Tuesday, Messrs. Fitzlierbert and Fitzherbert claimed from the Normanby Cooperative Dairy Company* Ltd., the sum of £B7 16s, being the amount due to the plaintiffs from the defendant company for services rendered in connection with negotiations for the purchase of certain native lands at Normanby by the defondant company. Mr. P. Fitzherbort, solicitor, of Now Plymouth, said he was instructed by the Normanby Dairy Co. in connection with the purchase of the native lands in question. Negotiations with the natives had taken up a great deal of his time. He had understood all along that he was acting for the defendant company. He was not acting for any of the natives. He considered himself as having been instructed by the company, and therefore was out to do the best he could for them. It was only through his interviewing the natives that they sold the land. Samuel J. Jackson corroborated a portion of the plaintiff’s evidence. Amy W. Beamish, secretary for the Normanby Dairy Company, stated that negotiations arose when she received a Tetter from Fitzherbert stating that natives were willing to sell certain land and asking if the company was prepared to buy the same. The matter was put to the directors of the company, who turned the proposal down. Witness informed Fitzherbert of their decision. Subsequently Fitzherbert again brought the matter up, and the company decided to have a valuation made. This was done, but nothing was said about having a solicitor. Witness regarded Fitzlierbert as acting for the natives. Later, following on a communication from Fitzherbert, the dairy Company decided to buy the land, on condition that the business was settled there and then. Witness was unable to explain why the applications were sent to Mr. Fitzherbert. Chas. J. Preston, chairman of the defendant company, corroborated the former witnesses’ evidence as to how negotiations commenced. The directors thought that Mr. Fitzherbert was acting for the natives. His Worship reserved his decision.