R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3711, 15 January 1891, Page 2

R.M. COURT.

MA jIERTON—TUESDAY. |Bofore Colonel Roberts, R.M.) CIVIL LIST. J. Yates vT. H. Hill. Claim for £ll on judgment summons. MrPowrml for plaintiff. An order was made for the payment of the amount in eqtftl instalments, in default ten days in Wllington Terrace Gaol. r ha Queen vH. Mitchell- Claim for sheep rates 18s. Judgment for uimunt claimed with cost 9.

fame vW. H. Warren. Claim £1 8s :or sheep rates. Judgment for amount claimed with costs^

Same v. H. Bellis. —Claim, £1 8s for sheep rates. Judgment for amount and costs. &me v Walter Best.—Claim 6s, sheep rates. Judgment for amount and costs.

Stroe v Wiremu Whatatsorau. —Cairn, 6s, sheep rates. Judgment for amount and costs. J.Graham & Co. v Piripi to Maari, Claiii £ls 15s lid, balance due on pronliswy note, Mr Powuall for plaitititfs. Judgment for amount claimed with costs. E. Porritt v W. Tricker. Claim on judgment summons. £4 12s. An order was made for immediate payment in default fi *e days. W. Xi. Johnstone v. R. Alien. — Claira, £7 for commission on lease of property. M for plaintiff, Mr Beard for dafendaut.

From the statement of tbe case by Mr Skipper it would appear that Mr Johnstone was commissioned by Mr Allen to lease his property at a rental. This commission, after tho finding of a ten tan t, bad been revoked, by Allen o<vicg to tho iucreased rental demanded. W. L. Johnstone, sworn, stated he was a commission agent residing in Masierton. He knew the defendant, who was b farmer. On the 18th of December last he bad a conversation with Allen, who asked him if he could place liis farm. Replied that it all depended what he wanted for it. Said anything like a decent price | could not then be got for land. Allen then offered to lease the property, nnd witness said he might get him a tenant if he did not want too much. The defendant replied that he would let it oij-cssy-terms to a working man with ut family. Asked bim the Hize of (Jhe property, and he replied that thdre were 109 acres. He said he would let it with all the stock and everything on the place. There were 30 cows, besides young stock, a lot of good pigs, all the dairy utensils etc, in fact everything excepting the household furniture. Defendant offered to let it for £IOO a year for seven, ten, or fourteen years, the rent to be paid quarterly in advance, and the tenant to be bound to keep up the stock. Read the terms he had taken down to defendant, who said he would pay him his commission if a tenant was found. Witness stated the commission would be the usual thing, although a difference would be made according to the term for which it was let. In consequence of the conversation witness tried to secure a tenant. Saw among ethers Mr P. Brown, and after describing the farm, went over the place with him. After looking at the stock they went to Mr Allen, who appeared to know what they were there lor, as he showed them over the place. Witness subsequently saw Allen at the sale yards of frfyssrs Lowes and lorns, and told him that Brown would take the farm at the terms stated. Allen then state 1 that he wanted £l2O a year, £4 per head for the cattle, and the remaining stock at a valuation. Told him this was a strange way of doing business, but he replied that he was hall drunk when he made the first arrangement. Had sent in a claim, but had received no commission for his trouble.

By Mr Beard : Had been carrying on business in Masterton for the last six or eight months as commision agent. His claim was one per cent on the rental for a term of|aeven years. Percy Brown was called, and gave evidence as .to his dealings with Johnstone about Allen's farm. It was his intention to have lakea it under the first arrangement. For the defence Robert Allen deposed that he remembered nothing of the alleged conversation between himself and Johnstone, and he would not lease his farms on the terms of the alleged agreement. The Court then adjourned for lunch.