S.M. COURT.

Auckland Star, Volume XLIII, Issue 166, 12 July 1912, Page 3

S.M. COURT.

I ■ X ' ti j i Before Mr. C. C. Kettle. S.M.I p I an AGENTS CLAIM. j „ An action to re-over the s-vai of £ 5 i" ,_~ was brought by «'. .1. tiwcn. land agent. who was represented by Mr. !'. K.iri. : against M. G. McGregor. sal.. ::.'.-. for whore . '' Dr. H. D. Bum-ford appeared, the claim ,li being for i"Onnnissioa at the rate of L'j '_. per cent, as ..a the sale of a pn-ru'-riy . 'valued at iiioOO. or alternatively for the c ' siune sum as "quairrum meruit" in the il' transaction. The plaintiff's eriiUm-e was |jr •to the effect that from October. 1:«<P. v<\ . : .!:::j. 1011. he bad business relations n-'..li ■ ' Mr. McGregor, who -for a time acted as: "' bis solicitor. The defeuJant's properly in '. a; IVusonby Road was put into his bands 'n , for sale, and he «bowed it to several likely ; ,_ purchasers. In February. 1911. an offer was . made by -he Australasian headquarters of:" 1 the Salvation Army, and after neg ruut'oii* ] <•• a sale was agree-! io on May 1-". f-.-il .w'.tir. ,a; the price ie-iug i.'iH"-. Mr. McGregor, h.i.v-! __ ever, ciectinel to accept less than £4"t-i. : and the sale was not made. Plaintiff there, f' fire .--limed the sun: stated, as tiping the] Vi • •■'nimission dne on The sale. V- stated that; tI ; the .-orresrp&nd-enee all through bad lrt-en 1 , read over the telephone to Mr. McGregor, j 'and that the sale was arranged with full jhi , knowledge on his part. The plaintiff was |sc ! cross-examined at great length by Dr. Bam-1 c( : ford as to the command cations stated ro j 'have taken place over the telephone be- j tween hims>*if and Mr. McGregor. aDd as - « : , letters written to. and received from, -, -be starvation Army authorities referring i*, ,to the property. ' ' far] Joseph vim Amein. a land agent, • ! ' ! stated that in 1910 and It'll he was In , C the plaintiff's employ, anil .-..ssisted in the! I negotiations for the sale He stated that; jhe showed the property to .-. representative j jof the Salvation Army, and had also seen. | a letter referring to the transaction, and ~ I heard Mr. Owen talking to the defendant l I about the property over ihe telephone ! !"• j lir. Bamiord moved for : , non.-nit on • c several grounds', one ~; which was that the ' \ naming of a minimum price hv Mr Mr. i '.' ' Gregor did not constitute m agreement m: " I sell at that price. Mr Kettle." to- hoar- . 0 I in? argument, reserved bis decision on the i * l nonsuit point- and adjourned the .-ass tit: J " j Friday afternoon, when the evh/e:ice for i c . the defence will be heard. I J" | JFDGMF.XT SCMM-O-NtsKs. ] _ , Orders for immediate payment, nnd»r j T j penalty of imprisonment, were marie in the I_j following judgment siim-Tnens castas, the I order* being suspended for the curia' I 1 : period-: Smith aril Cangbcv. 1-t.l .v. A. v Ban-on i.Vni-kUt.ndi. £1 17": >'-.--. :. Vrti', v Edmund He-Ids:: (Drnfi, £17 0 .'.: .\"-. ; M't'oll v. Tjc.s. Geo. reek (Ellerslle'i. £*2 ! ' 1 11/1: E. C. Browne and Co., Ltd., v. G. I v .*Dook fAnckiandi. £2 15. ' 1 \j