DISTRICT COURT.

Wairarapa Daily Times, Volume 4, Issue 1137, 28 July 1882, Page 2

DISTRICT COURT.

£.' i MASTEHTpN^T^IUpipAYJ!' ]

• (Before His Honor Judge HardcaStle.)f " Drumgood and .another v J. jJurWw—olaira £lB 7s 61 Mr Sandilanu> fop plaintiffs, and Messrsße&rd & Gray-for defendant, VMr Sindilands>tased thaVthj'case had) been arranged out of Court. Bank of New £197 7s 9d. The clerk reported that the defendant had.cpnferred ..judgment. Mr' Gully who appeawdkforl'Mrjßuuny tat' theJplaintiffstifolied l giyeY afjaihst defendant, Aptf'fche court "'aaoetlei } to. the RivenforJl'llsoostsofoourt/aha ooim- 1 sel'sfeeß 17s.'.:.'f.f;:A,r :i '!•'' - : )'K W.'G. Beard v,o,HAZabelh-Claim |81;08d. Mr Sandilands for Hefeiidaiit" aaid a notioe of discontinuance had- beenaerred gi.the.26th3inst,,,and,aske'd the Opurt tiffix'thecoitß %'thal ; 4a.te.,v.Mr, Gray, for the plaintiff,' did .nail'.oppwof-' lirs applioation, '• ■'■' / " ; The Court: What costs do you • applr for Mr Sandilands. H Ur .Mr Sandilands: I presume firo fMr Gray objeoted tdlHe amount of the' fee claimed. , , '-The Court ordered'"plaintiff "to" ~p&f Idefendant'sjosts.of. Court 7s atfd counsel's feei4.6«.. v ::::,-, v,;:,^-..,-

£oweßiSi liip^b >vj ,Wa MoLareri,-/ JdftimWsioii Mt Izdwl for -plam*--iff, Mr Gray fdr defendant. t Mr Izard said the plaintiff olaimSd 5200, an agreed coramission for the sals if defendant's Itjp/ K liven by defendant he land in April last at the..sum, of 29800. Mv Lowes intvoduced' W'Mf fonnell'B notice the properdin question, tud Mr Sir Lowes with reference to the property. Subsequently Mr Vennell pwchased/the property .privately from Mr McLaren. i Wil]jam,Lopß>all«l,4epoßedVli'at'hi was an and flbniniiasion'agent- in aartnership.withMi-Ibrns,, Heknew ; Mr McLawtiJ-! who;' was ! theowiier of the' Bankview estate. Mr bis offioe and put in the bands of his"firiu< for sale this estate, He mentioned the price he required as dear, and ta meet ooromission and expenses'it was de> uided to ask L 9300. The commission of bis firm was by arrangement to be L2OO. They advertised the property, and entered into communicatipj-with a probable purchaser, resident at MioD, andjowing tq Mr Vennell purchalts.the property tljey had to terminate the:, negotiation ffjth him. Mr Vennell oalled at the witness's office on the Queen's birthday re[ the'purohase of a property offered-for sak by Mr J. Vile. Mr [his property, and witness offereTfiitn Mr MoLaren's property. Afterwards.ie-jaw defendant, wb,q declined plaintiffs olaim tor commission >.on the ground that Mr Vennell had beenj-.recom-pended by others to purchase, the .tiro. party, and witness asked defendant'if he would acknowledge his claim if Mr Vennell admitted that his attention had been first oalled to the property by the plaintiffs. "\ To Mr Gray: The date of entrf ihHhe book is April 1882. Ifcwaßin biK partner's handwriting;.: to put his property in bis h.andSj, fle'tqoi instructions from Mr MoL»r , ar£(s. sm of paper, wbioh was subsequently entered in), book. Did not rememoerilsLJ|,rflii i&struoting him not to advertisi'-the'pro. perty. Had he done so he.should nol have advertised it, He was'certain, thai he entry in the book was identical will Ihejinstruotions given. MoLarJen did nol sgy:tbat he put the property in his handi for.a month. He had seen the property bin'the top,of the hills,- He stronglj rdobmrnended the property to Mr Vejinel jS'jthe oljeapeat property on his book m not tell Mr Venriell's nephew thai knere-wag no roa( j to t^Q p ro p 6l . t y y u the habit of running down proper' Eiesplaced in hishands for s'ale.A. ' : iSamuel Vennell—deposed that he "was near Featherßton, and had phased si acoompanyhiie: ''Mr^^tasS title ""with''MrLowe'j""q'f! ;ha{ day ■*bwt^Ba , btvib'w^: I Mr- Lowee oidjhi\n-tlj|atho^hadno£ seenitM tfrd; why, fetwon he! M aoh mudh Ji^tlrtSncb'''% 5 VHat' Mm& Beh>p'fe i viously of thft(il'operty J iri i Me'sß , rS 'fit. a note, from his.; ..nephew- giving hirr. tyvtymmwl the prnpertyi'and he ml his; his nephew torlook at it m. ?QHgjbiTzt b&ttheir-cfepbrt.' r 'fie iiiad nev« seen %pj^peyy;;^^^^:^:Hc;

spoke lahw, on the OWHotel'verandah W' saying that he would send him particular! "&*- ™ Bankmw.'• Neither Mr Lowes nor lf r lorns lepfc him- the partiouUui. Mr Lowed might have offered to take him to seethe lend. The partunlars were in the handwriting of Wallace Smith. He uever thought anything about the properly till », he saw these particulars. Witness, alter lie parohaad: the property, met Mr o E!^^f n il?^^Bved.'he•.told , mm•.that he ,di&.liofcJhink% hadjany \olaimon Mr jMoLaretffor oqmmisfflbn.HK got fuither' information-about the-p'roperty-frora Mr ™ '.,; IMrJizaid'iHCmilhlhaTe'gone to £oweV4Vlornr*torVtheHexfc morning, .bjitiid not remember talking about Bank, view/ He did not trust to his memory, He'cordd-'nolr- ' j?bjfl'li;iiß.7er::to6k' placeOT CoW|%(# recollect whether he sawvMr MK/when He had paid no cftnissiou of for He MerJP Sontand'nephew to look at the v - -' spropifty about the sixth 6 ; r aeyenth of .*• -!j in the case", ' He recoileoted the Qdeen> birthday•He-«aw Mr Venneltfwittfji Lowes m .that'day. On.the j >n moping Mvyennell called at the auotioid|l. [ r ?Ws? ; , Be ?j,?^ : J"}^ fl s w.ith:wpeol,;iSw? ' some-property whiolt Mr Lowes had men. tioned the day before.' He referred to ' ';' -the-property as " Mr McLaren's land." f , '\ torn- wenf!Jßway•:withol' ,i -By'emg Mr'■'. ! 'Lowes'.-'The enlry in,:'the pupaty Jtoofciv ;was k/witness's handwriting, and'sfo--( copied ftjim aWemolKMuhi glv&fto him <$ iby|Mr Lowes. : Since the sale Mr . - Mokren complained about'tho (property : hayipg:been advertised. MrVenrielMid not.callto.saytbat he' would iot take- '■■ ,M Mr, fear J: McLaren never objected to the advertising till after the property 'Wyrgold, ! and/a:qnestioh'irose'v-'about ': commission, ■ . .'> Mr •Graylasked for a nonsuit 0r,4« groUDd;thafcjthe plaititiff'failSd to anew ■• ' instrumentaFin Belling the property."" l '" ! : ! VJ .~■ - - '.;■ tiff oould take a'tionsuit on that point. Mr ' • : ;Y«p > eUja v iihe..got, his>bttia,tip,n)fr6:ni ■ ;: *' •hefurriishedthe' the Sep. --V ;-'-Mr Qray said that his defence was that' ; 1 authority Ws'only-'gweh tolthe plaintiffi ' |. one-month, ani'the ,were;inskuol^d ; nytW'a^]% ; :it;, v '■' W. McLaren, called, for the-defence deposed that hj was till lately the owner 'onheßarikview property, "He first saw - Mr Lowfei coramenced-tihß' *'' ix, by^aying^iehad-hia-brother's , : (Bpbe'Ff v' MoLaren), property.for^6aler, : and< as'ked ' " Witness replied that he would, and gave him the acreage and stook, and mentioned £the, ; pnoe L 9300, offering Mr Lowea * JwH) i.the sold it at that price, Wvtnesl gave him a month to sell the place in. 'lf ' he did DOt sell it within that time hewaj. •■& to jet nothing Witness told him nit to-' ' fn)MMl)i iheVpaVeJA/MLoweVl^, took down the particulars in writing* B»W did. notinM.tlfat Mr Lowes had a pur-W ohaaer in view till he had sold the place) * Be halno applioatiQtjJor the proper^ previously plaoett; the property in :jfei ; W66d'a handaforsaleonsimilar terms. l Hjs% gaye full particulars to MfWallace 'ahd tbfyhintib sell coML Mr HenryrVallanoe-'asked him fdrpirt?c'u#: ars abont the, property,; and he refMi#' ,: ' him could IM : that be only gave Mr Lowes a month IB>: flip, .property™ beettfoMiale,. :, • \ ■■*s&• Court: When he gave the par': '* jticulars to J4r. Wallaoe Smith he did pot (expect to pay him a commission. ~ [ ;' I rqMr,lzari; He..limitedMr s Wpod td 1 a for two, yom andwss alwayv willing. tM| sell it if h"e couH get his price, Mr SmitlM <mce:pfoposed':buying with-MrE'Vallance mt-that Wme to get.iliei' Hb had v nbl- pfdm.Ud auV-f commission to any person in connection, '■• withithd sale Hail never lead wiy one to ti expect a pennv. ■ ■ .<* : Smith w :' •an old frlehd'-ofhisA Witness did not/* expect him to make a claim on him for i" cothmlssioh.'' ..•!; put the property • i •m the hands of4Tr-W«bd at J9OOO with': ' j£2oo commission. He put it in Smith's hande .foj.-jeS.SOO. Mr Valine was jantborisejl jto sell at, the same price. •Thereiwas a .diffdrepee'iri: the! s'tock'Vhiiih '• accounted forHhe difference' iti the'prioe. .• ■/tf Banff or Vallariee f6r" commission fr . ■ imiSP!?!;';.T her « was no-understanding ' : Jpreen witness and Smith and Vallance :fth,but J co,mmi.ssi.onrj /.v, iiCU.T<~y -Harry Vennell called depose"!that he flas ? a:nephe'w l ofSa'mueliVennell'6. He' ' remembered going with Mr Lowes to see Mryile'spropdrty,:andwi'ttiesß'aJkedhim. • what, the 4000 acres were that he had ' advertised. li 4rifor'nled him that it was Mr pLaren's. property,- and• -.• gave •him'' l somV:p , artioulartl l ' : a6out it. v - Witness did not say, that, he, would v '' '" ' raention"it to 'his, uholef' aiici ; ' a did not him, Subsequently he ■■■" Henry Valance.,,- .. ~,, lV •■••„, ' • deposed that he met Yefti nel and ask ? d.^ Wl if. ; buy a place, and on hieansweringin the live told ,Wrfl. of rMcLaren!i;aiiarthat he oould obtain particulars of Smith.' .HJB : fl a nor i; after. briefly; reviewing the evidence said he would not give judge. •■' <« ? .thena bM cwbuldvdbiddtihe that • session unless■ he found ' he ' in Mastertoh. ,' • v p.m:)'a r didufbed till' 2-o'olook. ; ; '- . >';. '»ifl:iJf'.-'H»i!tTji:!it"o:-'-iv'ff'3i!V . > . £'.