S.M. COURT.

Auckland Star, Volume XLII, Issue 211, 5 September 1911, Page 6

S.M. COURT.

(Before Mr. C. C. Kettle, S.M.j UNDEFENDED CASES, r Orders were made in th« fallowing on- ; defended cuees:— W Kjau v. P. Mclaughlin, £5; Bycroft, Ltd.. v. A. F Wooton, £8 ID/; W. J. Harwell v. G. W. Cartsen, 11/ (costs only); G. Mcßride v H. Brady, , £1 16/; A. Flnlay y. W. Dye, £6 17/4; A. ■ Cleave and Co., Ltd., v. J. U. Kerr, £2 , 7/6; G. Kronfoid v. Mr*. M. K. Baker, £6 - 12/7; W. Gunson and Co. v. T. Wylle, £139 5/9; C. E. Hem us v. B. Elder, £1 16/8; T. B. Skeels t. J. J. O'Donoy.n, £2 2/; Irving Clarke v. .1. McColl. £8 12/8; F. L. Webb r. W Mossey. £3 1/; E. Phillips t. G. Lewis, £l6/; A. E. Treason v. F. B. E. Watling, £1; A. J. Bntrican t. a Skelton (OpotikO, £4 10/9; M. J. Bennett, Ltd., v. G. .lames, £lB 15/3: P. Garrtock T. G. H. Smith, £2 12/3; Griffiths, Fraser, and Co, Ltd , v. P. Bint. £3 1/1; P. Bint v. Mgero, £2 13/6- G. A. Creeth v. W lUret. £6 10/3; Roope v. W. Johnson. £3 9/S; Collins Bros.. Ltd., v. R H. I'*nr.y. £76 12,7; J. W. Davfes ▼. A. Mann, 11/6. TirE MISSING ADVERTISEMENT. In a case In which David Kay, land •gent, sued Alf. Bncklnnd and Sons for the cum at £75 as commission on the sale i of a property, some remarkable retractions i were made by the defendant's land department manager, Mr. K. T. Matron. Tha case bad been adjourned, and at the prevl- ' ous beafine the piavnrin- stated that tie whs ■ rung up by Mr. Matson, who asked hltn whether he bad n stud farm for wale. An Interview was strranged, and It was agreed that certain properties., at plaintiff's disposal, were to be put iDto Rockland's hands and the commission was to be shared. One of these properties, subject of the dispute, was sold, ami plnlntJn" claimed be was entitled to hnlf the commission. He ad niltted that before the sale he allowed the property to be struck out of his list o-wlne lo Hucklnnd's manager informlne him that the farm was already on the lntt.cr's hooks. Afterwards plaintiff made Inquiries of the vendor, who denied that hj» ever put It into defendants bonds He fwlrno.s*} then considered himself entitled to balf the commission. Mr Matson. on tile other hand, said he advertised for a cert uin ekiss of property, and Kny applied to him. spying he thouebt be had something to suit hiin. Kav eventually niw to an agreement to Knhm't some farm* to rluolrlnnd on a half-commis-sion hnflfness. The farm In creation. Mat son swon», was already in their bonds, though be did not know It tit the time Kay, he said, came to btm and smid. "1 »eo von are advertising for a c*ud farm." This was fm July 95 of the voflr Witness w«« positive that he had inserted on ■Kt-rortlaemmt. and that Kay came In reply to it. This morning. Mr. rvnrton. for the nls'ntltr naked leave to recall sarin" that the files of the "Herald" and "Starhad been search-en', and no trace of arjy advertisement eonld be found. Mr MOtwon. on heir** recalled, was osfceri whether be still ndbered to his statements In reenrd to 1b» advertisement, and In re nlv tfiM he must hsve been mistaken. T'non hoinc onosfirmed Mr Kettle. wttn««=-: changed front nnd said he was certain th« advertisement was put In. altbottgli It potild net be forma. Mr Kettle: *ow. T should Tke to ret ■< straight answer. *re yon mistaken or do von still bsv this adyert.lswne.nt was i put in br von? Mr Matson (hesitatingly): I think T wa= mistaken. Mr Kettle: Now. tad* her*. T want to be fair with Ton Yon paid Mist en .Tulv *>S von saw Kav n"l ho "Kid to von. : «„p you sre ndvertisintr for a stnd e»rm " ' Vow' are von mistaken ««■ to that? Witness ■ .fter a time admitted that he might have hen ml st.il* on. Mr Dennlston 'for the defendants'! con tonded tHat bIR el'nnts wore no* liable ewe • the oommisslor. as Mr K*v «n*Ht» £e n.onerrv fcn rmestlon helnc- srrncV off fh« HM of furms In <-Mch ho conM claim bsit onm mission Mr K"> ont-v w- T hr^I —st/» sue for damans for mlsrenre«enta- * v, T»nr»«Ti elfllmed Inn* the ormtnut was i m .de when W«t«wn rrrt Kav aereed In con-Tcrs-atlnn to the devils of tho nnonerrr T'ne sn-or.''-in- of the list wis but . the norformar— o r the contrert. Tt -would > ho midnoss Mr T<nrton contended, for a • „„,, ,„„ to —nlv derafl* of bis nro. and to allow anrrther epwnt to sink" off TTflB-t be liken hy saving he bud the property on Ills books.