MAGISTRATE'S COURT.

Taranaki Daily News, 20 October 1922, Page 8

MAGISTRATE'S COURT.

NEW PLYMOUTH SITTING. Mr. A. M. Mowlem, S.M., presided over the usual weekly sitting of the Magistrate’s Court at New Plymouth yesterday) DRILL DEFAULTER. Leslie Caffey was mulcted in the sum of £l, with costs 7s, for failing to attend the parades of A Company, 4th Battalion, Wei lington Regiment. Evidence was given b./ Lieut. L. W. Andrew, V.C., N.Z.S.C., ad- j jutant of the battalion, that several no- i tices had been sent to accused, but he had ‘ failed to attend any parades during the current military year. CIVIL CASES. Judgment by default was given for plaintiffs in the follov/ing undefended cases: C. Carter v. E. A. Townley, £6 18s Bd, costs £1 10s 6d; W. A. Foster v. E. Bellringer, £4 8s lOd, costs £1 3s 6d. LAND AGENT’S COMMISSION. This was an action brought, by J. R. Hill and Sons, land agents, New Plymouth, against Herbert Claude Bishop, farmer, Mahoetai, for £72 16s, commission on an alleged unfulfilled agreement on the part of the defendant to sell his farm. Evidence for the plaintiffs was given by r Nelson Armstrong Hill, to the effect th it he had been given authority by defendant to sell the farm, and had found a buyer for it in the person of Owen McPhillips. Me- i Phi Pips inspected the farm, and the same i evening witness drew up an agreement for : the sale, which defendant signed. He thci : related the negotiations which had ensued regarding terms, but when these were completed Bishop refused to give up possession. He had received no advise that the farm wr.-- withdrawn from sale. J. R. Hill, senior partner in the firm, stated that no instructions to withdraw th l - farm from sale had been received, while ! Owen McPhillips corroborated the eviden.c regarding the inspection of the farm and ;hc signing of the agreement when he had j r?'d a deposit of £5O. Evidence was also given l.y f.lcPhillip*’ | <o!:cito r , W. H. Freeman, that a formal ' agreement for purchase and sale had been j drawn up and that it had not been forma! ; ly repudiated. t ik. evidence for the defence was given 1 by B’shop and his wife, to the effect that deferdant was suffering from neurasthenia, rad hud bis intention to sell op

: his dcotor’s advice. Defendant contended i that he had notified Hill and Sons that he did not intend to sell, while Mrs. Bishop stated that, her husband had been alter nately coaxed and bullied into signing the agreement. She had met. N. A. Hill a couple of days after the agreement had ■ been signed, and had offered to pay his • expenses, and any other reasonable charges. ! if he could induce the buyer to withdraw. ! At this stage, Mr. Wilson (for defendant) asked that the case be adjourned for a week, as they could probably come to an i agreement. I The adjournment was granted.