A NOVEL CLAIM.

Auckland Star, Volume XLIII, Issue 301, 17 December 1912, Page 5

A NOVEL CLAIM.

"This is a novel claim," remarked Mr C. C. Kettle, S.M., at the Magistrate's Court this morning, when giving his decision in a case brought by Andrew McNeill against W. J. Hayr to recover £140 commission, alleged to be dueMr Stanton appeared for plaintiff, and Mr Bagnall for the defence. His Worship, in reviewing the main points of the d%oute, said the defendant owned a property at the Hutt which was placed in plaintiff's hands for sale. Mr Shannon had a farm at Kaitaia, Awanui, which was valued at £3,750. McNeill effected an exchange, but it fell through owing to representations made as to the value of the Hutt property not being correct. There was no allegation of fraud in the matter. Mr McNeill therefore claimed £50 in respect to Hayr's property, and the £90 he would have been entitled to had he exchanged Shannon's. Mr Kettle said it was quite a novel claim, and he conld not find any New Zealand case approaching it. He conld not find any authority supporting Mr McNeill's claim for the second commission of £90. The £50 was admitted. Judgment was given for the plaintiff for £50 with costs.