OWNER OR AGENT ?

Gisborne Times, Volume XXX, Issue 3427, 19 January 1912, Page 7

OWNER OR AGENT ?

A LAND TRANSACTION. SALE OF A SECTION. A case that presented rather peculiar features was heard' before Mr. W. A. Barton, S.M., yesterday afternoon, when Joseph Edward Newton claimed £SO from Robert Little in connection with the sale of a section to plaintiff. Mr. T. A. Coleman appeared for plaintiff and Mr. Burnard for defendant. Mr. Coleman explained that the defendant had been asked by plaintiff to buy a section from Mr. King for him, and had offered defendant £lO if he could get it for £200 ; The defendant purchased the section for £2OO, and then told plaintiff he had to pay £250. The plaintiff took the section at that price, and gave defendant an extra £lO for his work. When it came to plaintiff’s knowledge what had happened he took steps for the recovery of the £SO. The defendant refused to refund it, hence the present action.

jas. Brown, land agent, said that ho remembered an interview in Lowe Street on September 13th last, at which the plaintiff, defendant, and himself were present. The plaintiff and wit--ness were talking together, and defendant came up to them. He said he was about to buy a trap from King at Okitu. The plaintiff remarked he wanted to see King with regard to a section adjoining his shop. The plaintiff said that ho would give defendant £lO if he could purchase it for £2OO, but he would not care to give any more than £250. Witness remarked that King and his wife were over the road, near Adair Bros., and Little went over to them. After defendant went away witness remarked to plaintiff: ‘ ‘Why did you not give me the job?” Mr Burnard objected to the plaintiff’s answer being given in Court. Witness, continuing, said lie later met Little in the Albion Hotel, and asked him if he had fixed up the transaction. He replied that witness had nothing to do with it. To Mr. Burnard: He did not go over to King or try to interfere with the transaction.

The plaintiff said that on September 13th lie had a conversation with the defendant. He was talking to Brown when defendant came up. After some general talk the defendant said lie must be going, as he had bought a trap from King. Witness said lie wondered whether King would be selling his section. Defendant asked which one. Witness said the ono adjoining his shop. Defendant said he would speak to King about it. Witness said if defendant could buy it for him ho would give him £lO. Defendant went away, and then turned back and inquired how high he should go. Witness said the defendant should purchase it for £2OO, but he (witness) would go as high as £250 sooner than lose it. About an hour later he met the defendant, who remarked, “There goes Mr. and Mrs. King” (pointing towards Goods), “and they have gone away to consider it.” He said he thought it would be all right, and he would be able to purchase the section for witness. He told defendant that if need be he could go to Messrs. Chrisp and Coleman and pay a deposit of £SO, and ho would give him a cheque for £6O. On the; following day the defendant and his wife drove up to witness’s shop. He said that he had got the section, and witness asked the price. He said he had to give £250 for it, as lie could not get it for any less. In reply to a question the defendant said that he had paid a deposit. They met the next day, and witness remarked that he had to give him a cheque for £6O. Defendant paused for a minute, and said, “No; you have to give me a cheque for £110.” He said he had paid £IOO deposit- Witness asked him to wait a few minutes while he went to the Bank to see how his account stood, and on returning he wrote out a cheque for £llO, which he gave defendant, and .he signed the butt in the cheque book. They went to Messrs Kirk, Burnard, and Sievwright’s office in order to fix up the transaction. The defendant told a clerk to draw the title up in witness’s name. He also __said that witness would have to pay £l5O as soon as the title was completed. From information w r hich he (witness) received he asked his solicitor to look into the matter.

W. McCredie, managing clerk for Messrs. Kirk, Burnard, and Sievwright, produced a receipt for a deposit from W. H. King to Robert Little. Later the plaintiff and defendant visited his office, and in introducing Newton defendant said, “This is the man to whom I have sold that section.” The defendant said that on September 13th he met Brown and Newton, and he told them he had purchased a buggy and harness from King. Newton said that he wished defendant could have purchased that section from Mrs. King. Witness did not know what the section was worth or where it was situated. Plaintiff said that it was next to his shop, at the corner of Gladstone Road and Wellington Street. Witness said he had a good mind to go and see if he would sell. Plaintiff remarked he did not think he would have much show, as he (plaintiff) had been trying for two years to get it, and had put other agents on to it. Witness said that if anyone could buy it he could. He said he bought his buggy and paid cash, and if he got the section he would pay cash too. Tie later met King and purchased the section, and then went to Messrs. Kirk, Burnard, and Sievwright’s office and paid a deDosit of £SO. Later he saw plaintiff, and told him he had purchased the section, and he asked if /witness was going to let him have it. Witness replied, “Yes, for £26o.’'’ Plaintiff said he had no money on him that day, and would meet him on Monday at 10 o’clock.' In company with bis son he saw the plaintiff and told him he would have to pay £llO that morning and £l5O when he got the transfer. They went to Messrs. Kirk, Burnard, and Sievwright’s office and got the papers fixed up. About a fortnight later lie received a letter from Messrs. Chrisp and Coleman, the plaintiff’s solicitors. He offered to return Newtown the money, as his son wanted the section, - To Mr. Coleman: If Newton had not told him he would have known nothing about the section. After hearing the evidence of defendant’s son the case was adjourned till this afternoon. .