LAND OWNERSHIP,

Auckland Star, Volume XLIX, Issue 145, 19 June 1918, Page 5

LAND OWNERSHIP,

■ __. ... -■♦■■ ■ ■■■ „ | CLAIM.AGAINST AGENTW I A FARTHER SUED. An action founded on a contract in writing concerning a section of land was j beard in the Magistrate's Court before I Mr. Wyvern Wilson, S.M., to-day. John Boyd Crawford, settler, of Auckland ; (Mr. Gould), proceeded ' against C. f Geraghty, farmer, Punt (Mr. McArthur), for the sum of £110 5/. The statement of claim set out that according to an. agreement the defendant and one Calder agreed to purchase a certain piece of land at the corner of Manukau and Arcadia Roads, Epsom, and that £900, part of the purchase money, should remain owing for the period of three years, and that interest should be paid at the rate of £6 per centum per' annum, quarterly. The plaintiff said that up Ito and inclusive of April 16, 1918, there J became due - and owing by defendant 113 1-3 quarters' interest, amounting te i £180. Defendant and Calder had paid I stuns amounting to £69 15/, leaving the balance due as claimed. CASE FOR PLAINTIFF. ' Crawford stated that defendants were partners in a land agency. Ho dealt with. Calder principally,, but Geraghty -was often present, and seemed to "thoroughly understand the joint liability. Plaintiff had received the first cheques for interest signed by the partners, neither of whom had even disavowed the transaction. . Geraghty had admitted plaintiff was badly treated, bull said they were short and could not pay. Geraghty had written the Auckland City Council stating that through default it? the payment of rates the property had reverted to Crawford. The agreement had not been cancelled or modified. Crossexamined, plaintiff said he believed Calder had no money, and that was why he sued Geraghty. Both had suggested that he (plaintiff) should take the land back, and he would only, do so if the interest to date was paid up. Plaintiff said neither defendant: nor Calder had denied the joint liability. The land, a vacant section, was to represent commission on the sale of plaintiff's farm. Mr. McArthur asked for an adjournment,. stating that he : considered in any case that Calder should be joined as a party to the defence. Both of the men, however, were "on the rocks," but Geraghty held that he had nothing do with tho transaction. The magistrate decided to stand the case over till the afternoon.