A TIMBER SALE.

Auckland Star, Volume XXXVIII, Issue 249, 18 October 1907, Page 2

A TIMBER SALE.

QUESTION. OF COMMISSION. At this Magistrate's Court this morn- - ing,.-before AQa - District -Judge Eettlef James Caere, commission agent, . sued; "Eliza Ann Workman, as executrix of the .wiJljdated'lSth, Eehruary, ISBS, oi-Babert.. "Workman, late of Auckland, for £ 175, being cent commission'"on. £3500, the proceeds of the sale of certain timber placed in his hands- for disposal, on the Waikaka block. Mr. J. R. Heed appeared for plaintiff, and Dr. Bamford for defendant.

The plaintiff, it was stated, on lStEj February,. 1967, secured .a purchaser, at the named price, and the defendant duly completed the sale thereof. Later on, plaintiff ' received " a letter from Mrs. Workman, stating that the price she had quoted was £3500 net/which Mr. Dacxei denied. The plaintiff gave evidence, to the effect that he .met Mrs. Workman in tie street, and, speaking in reference to the timber, said to ler that she would never get £6000 for it. She asked, him to see -what he-could get, and he accordingly went round to the timber offices, and also advertised it. The:timber companies went" down "to. see-and to estimate the timber, and all denied that the quantity was there. _The first offer, he got was £2000, .which. Mrs. Workman declined, as also the .tenders of £2500 and £3000 net. - After the last offer, in a conversation with Mrs. Workman, tie latter, in refusing it, agreed to take £3500. Witness remembered" saying'to her that £3000 net was nearly-as-good as £3500 gross, and some day the timber would be burnt, and-she would get nothing. Her last words were: "I won't take less than £3500." - Witness understood that she included commission in that amount, but nothing was put down: •in writing. .Witness shortly afterwards completed the Bale with Mr. Goldie for £3500, and the latter paid a' deposit of £150. Witness .had spent weeks and some money in advertising the sale. ' To Dr. Bamford: He remembered getting instructions from"Mrs, Workman to sell th» timber, but could not say on what date. He could not say that he was trying'to sell tie timber for as long as twelve months. 1 -He had gone to her at ler louse, but lad, not seen her on tie three following days, al- ' though he might haw done so on two . consecutive days. . . On the Court resuming its sittings this afternoon, the-examination of Mr Dacre by Dr. Bamford was continued. Witness stated that le'lad first had negotiations concerning the timber'with Mrs Workman in Grey-street. He forwarded the first offer of £2000 in wrii> ing, that of £2500 was verbal, as also tie. one. of £3000., Tie latter, was the last occasion on which he Went to ler ; house. He could not remember the exact Words. « ; ' ! _Dr. Bamford: Did she say she included ■commission in £3500?—W.3 said nothing -'about it. She said ler price would be £3590 ' Did you tell her what your commission "would be?— No. It was never mentioned. ' Would you deny-it if-it was stated that Mr. Goldie (tie purchaser) could. not get information concerning the timber until 'six weeks had elapsed, and that j he -went to Mr. Cotter (defendant's solicitor) on lis own .initiative?—l sent him to Mr. Cotter. . •' • ■ j (Proceeding.)