REFUND OF A DEPOSIT

Evening Post, Volume LXXXVIII, Issue 48, 25 August 1914, Page 8

REFUND OF A DEPOSIT

An interesting judgment was delivered by Mr. W. G. Riddell, S.M., in the Magistrate's Court to-day. The case, heard last week, was one in which John M'Brearty claimed from A. D. Kennedy and Co., Ltd., of Wellington, the sum of £50, being the deposit paid on the signing of a contract for the purchase of leasehold hotel premises at Remuera. The defendant company had acted as agents for the vendor, one Frederick Charles Cook, and defendants bad received the money as such agents. The sale Was not completed as stipulated, and plaintiff demanded the return of his deposit. Defendants refused on the ground that they now held the money in payment of the commission agreed upon by Cook prior to the opening up of negotiations The Magistrate held that the payment of money to an agent was equivalent to payment to the principal. Plaintiff had sued the wrong persons, and must therefore be non -suited. He was ordered to pay costs amounting to £2 2s. Mr. P. j. O'Regan appeared for .the plaintiff at the heating of the case, and Mr. 0. Boero for the defeii-