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LAND COMMISSION CASE.

ROBERT LATTER v, W. W.

GIBB.

JUDGMENT FOR PLAINTIFF

FOR £47 10s

On Friday, T, A. B. Bailey, Esq., S.M., gave judgment at Christchurch in the case Robert Latter (Mr J. H. Williams) v W. W. Gibb (Mr Hunt), a claim for £56 7s for commission for selling defendant's property. The case was beard at Akaroa, and was adjourned to Christchurch for legal argument. The legal argument was heard last week, and we append the following judgment given by the Magistrate:—

" Tbe plaintiff seeks to recover from the defendant the sum of £56 7s for com mission on sale of property, The evidence shows tbat on tbe 24th June, If) 13, the defendant placed his property in plaintiff's hands for Bale at £24 per acre free of commission. Plaintiff advertised the property in the "Akaroa Mail" on 4th July, 1913 Mr Aldridge saw plaintiff at the sale, and told him he was instructed by John Graoia to get particulars of the property, Ho was given these particulars, and be also told the plaintiff to see if Mr Rhodes would finance Gracia. The plaintiff saw Rhodes on the 9th, and on the 11th went over to see the defendant as to selling him a property. Tbe parties did not meet then, but, according to arrangement the defendant rang up the plaintiff, and they bad a conversation over the telephone, in which the plaintiff tells us he told the defendant that he felt sure tbat Gracia would buy his place. The defendant denies tbat anything about this property was mentioned, and says Gracia's name was not mentioned, This was on a Friday evening, On Sunday morning defendant went over to Knight's place. Mr Knight tells us that defendant told him hr was going to Grao'a's to try and cell his place to him. Gracia happaned to come down at the time, and be and the defendant were left together, and a sale was arranged, though the contract for sale was not drawn up and signed for some days after—on 21st July. On the 14th (Monday morning) the defendant went to plaintiff's place, and told him, after beating about the bush for some time, tbat os bp wasbuyingKnigbt's plsce be would want to fc.cp his own, and withdre* his property from the plaintiff's hands, and paid him £2 10s for advertising.

•I feel satisfied on the evidence tbat Aldridge was instructed by Gracia to enquire about tbe property, and also as to the financing ; and I also feel satisfied that the plaintiff brought Gracia as a probable pur-

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AMBPA19131111.2.8

Bibliographic details

LAND COMMISSION CASE., Akaroa Mail and Banks Peninsula Advertiser, Volume LXXI, Issue 4348, 11 November 1913

Word Count
428

LAND COMMISSION CASE. Akaroa Mail and Banks Peninsula Advertiser, Volume LXXI, Issue 4348, 11 November 1913

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