DISTRICT COURT

Wairarapa Daily Times, Volume 6, Issue 1722, 28 June 1884, Page 2

DISTRICT COURT

-':' MASTERTON-FEJDAY. . : (Continued from our ksl,) ' [Before His Honor Judge Davet .] Dalryniple * Donald Bros.—Claim for £4O for commission.on salo of land and labor done, The, juiy chusen were Mossrs 'Russell, Osborne, Suttoti,- and A. "Yule, jun. (foreman), ■.. ~.'.; Mr Sandilands for plaintiff, Mr Gray for defendants. Mr Sandilands, in opening the case, said the plaintiff is a commission agent, and that on Juno. 21st, .1880,.'David Donald gave instructions'to,the plaintiff to sell some land, and after some negotiations Mr Cade' was the purchaser from the defendants, and they told the plaintiff that'he would not bo allowed any commission. 6, Sj, '% Dalrymplesaid: 1. am a com. missibniagent id{ jjfefettoh; v I know the .defendants, they mre* .farmers, • The first interview I had with, .defendants was ■ on June<2l,lßßo', andD; Donald Instructed me to sell section Nor 2, Rangitunau block, . containing. 873' -acres, fenced all round and divided in 3 paddocks, six roomed house, sheds, offices and garden, Price £6 an acre, t the money to extend over 10 years. .Commission £40, on sale only. This was entered lip arid signed by D. Douald in my diary. On October 16,. 1880, I had an interview r with'."Donald- Bros; and they reduced to £4 lOsper .acre,;sheep at valuation,:..ldqn't think Jas; Donald was tl|ere. Next saw both defendants, on October 30, 1880, in my office,' and ■■!. entered in my instruction book: "Price of property, £200(1; commission, £4o.''., My next interview was on April 13,1881, when Mr Donald altered tho. prico to £5. anacro, including rabbit proof .fencing; commission, £6O, These were the'last instructions. • I advertised those up to 'January, 1882—in railway carriages through the papers, and. through the post. On the 10th June, 1881,1 saw Mr Maumjell, and give •hunpavtioul!,rs.of;the-estat».: I. gave Mr K, : Oaaoon; July fl,; : 1881, a liatof iny' properties,; and on.December 18,1881, saw Cade and told liim the price—£lß6o, I saw Cade again on .January 1,1882, and he.siid he wouldigo and., tee thY.property, . I .saw Cade on January ;4, 1882, and he said he would im'U, and I then'sawDavid Donald and ;told -him. to.get'olear ofXowes and lorns, who were to submit propcrtyto auction.'.! don't know thafryCade, bought the land., I knowhe occupied the place. ■ I sent my bill in to Donald's for £CO.., I

B. Cade gaye evidence to the effsct that he had' never agreed with .plaintiff to buy the block, sndithe "dayhe jnetTMrTDalrymplo .he'iwas goingio see! some of. Mr-Mawley's' property and not Donald's,'* He afterwards bid at the atwtion sale, but his offor was

refused, and; hemadoa bargain afterwards ,with Donald Bros, . i ■■; : ,'V ;,■ i David Donald and James Donald, oalled, deposed that they instriittted Mr Dalrymple ,to;,withdraw the propei'ty in Ootober, and phsbquently placed ifc!jin'.the hands of : MeSßrfl ; Lowcs.and:lornsl : ' ; : •'His Hbnprj in aurrimingiup, saiditwas dear to the jury that the evidence of Cade was agftinst tho plaintiff, arid they could have no hesitation in giving their verdict, • The jnr« returned a verdict for defendants, costs £9Bs.' "■'.'"■" 'ji ;