MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2166, 23 August 1907, Page 1

MAGISTERIAL.

THURSDAY, AUGUST 22. Before Mr. \V. A. Barton, S.M. Civil Cases. —Judgment by default was given in the following cases: — The Commissioner of Crown Bands v. Frederick Seeker, claim £9 7s 6d, costs £1 3s 6d ; Commissioner of Taxes v. W. L. Rees, claim £24 15s, costs £1 6s; Hallenstein Bros. v. William Gibbs Hatton, claim 10s, costs 25.. Claim for Commission.—William Lissant Clayton sued Robert Stewart tor £l3 7s 6d, being the amount claimed for commission. Mr. Blair for the plaintiff and Mr. Stock for defendant. • Reginald Murry Cuthbert, salesman in the employ of plaintiff, deposed that he had been instructed on June 25 by defendant to sell the goodwill ( of the Gladstone boarding house and j tlio furniture contained therein for the sum of £450. Ho was to receive as commission 5 por cent, on the first 1 £2OO and 2J per cent, on the balance. , Ho offered the property to several persons including a man named Fer- ; guson. Being unable to obtain the £450 asked,- witness saw Stewart who i agreed to accept £350, but said lie would not take a penny less. Ferguson said he was prepared to buy at that prico if lie could get an extension of the lease, which at that time only bad six weeks to run. Defendant suggested that witness should see the owner of the property, Chilton. .Witness accordingly saw Chilton on the following day and he agreed to give the desired extension provided ho approved of the incoming tenant. He asked what price Ferguson was likely to pay and was told £350. Chilton obtained full particulars of the proposed transaction and as witness already bad him in Ills list of prospective buyers in connection with such a “deal” he looked upon him not only as the landlord but also as a possible buyer of the goodwill and furniture. Witness made a note of the interview in his diary and also in his prospective buyers’ book. (There entries were produced in Court.) Chilton made an appointment for another interview which he failed to keep. Subsequently defendant informed him that ho had sold his interest to Chilton.—To. Mr. Stock: Witness considered lie was instrumental in bringing about the sale to Chilton.—Robert Stewart, defendant, deposed that be put his Gladstone House in the hands of Mr. Cuthbert and ho reserved the right to soli himself. On the 26tli July witness saw Cuthbert and he gave the selling price as £350. Chilton made defendant an offer to buy liis property and stated £350 was too much. About the beginning of August Ferguson came to defendant and said that he was done with the deal. Defendant then offered the .property to Chilton for £330 which was accepted.—By Mr.' .Stock: Defendant had

not told Cutlibert that ho had sold the property for £330, less commission, on the 2nd August, as the deal had not been completed until the sth. Had been in negotiation -with Chilton in regard to the purchase of the concern some time before it was placed in the agent’s hands.—Charles Ferguson, boarding-house keeper, Gisborne, deposed that he was the tenant of the Gladstone boarding-house. He bought the house as a going concern from Mr. Chilton on tho stli August for £350. He could get better terms from Chilton than Cutlibert was giving. Hie Worship remarked that the case was certainly an extraordinary one but-he could not find that the plaintiff had been the means of inducing Chilton to purchase the property and would therefore order a nonsuit with costs £1 Bs.