SALE OF TIMBER.

Auckland Star, Volume LX, Issue 56, 7 March 1929, Page 9

SALE OF TIMBER.

SUPREME COURT SEQUEL. A DISPUTED CLAUSE". Before Mr. Justice Kennedy, at the Supreme Court to-day, an action was heard i'l which Frank Kay Stratton (Mr. Inden. claimed ±1000. said to lie due in connection with the = ale of certain timber rights, from Robert (Viliuer. retired hotelkeeper. of Auckland, and John ( «>l- - fanner, of Otaliuhn (Mr. Xorthcroft. instructed by Mr. Spring). The case for plaintiff was 'hat in March. 1028, defendants gave Stratton authority, in writing, as sole agent, for a period of six months, to sell timber on a block of 3494 acres at Xeavesville. Thames. Stratton said, the defendant.-; had agreed to pay him the sum of £100(1 in the event (if the timber being sold. Subsequently plaintiff turned the business into a limited liability company. and, in April, obtained an authority f\r the sole agency for one month. * The timber was eventually sold. Answering Mr. Imier, plaintiff said >inee tiie proceedings were initiated. • iilmer had approached him with the suggestion that they should endeavour to effect a settlement out of conn. a;:d offered £."iIH). Witness referred (iihuer to his (witness" i solicitors. Cross examined by Mr. Xorthcroft. witness said the first authority was prepared by his assistant, whose name was Blackwell. Mr. Xorthcroft drew the attention of witness to the clause in the selling agreement conferring the sole agency, and suggested that a clause had been inserted after the parties had signed. At a later period in the crossexamination witness stated that a document bearing a date in April was his ( witness'l office copy of a letter he h.-.j sent to Smythe. of Parker Lamb, in -.vhuii he offered to e ».-ll defendant's timiier. Subsequently Mr. Xorthcroft produced to witness his original later., bearing a The ca~e is proceeding.