SALE OF A STATION.

Press, Volume LXVI, Issue 13744, 27 May 1910, Page 2

SALE OF A STATION.

CLAIM FOR COMMISSION. At the Magistrate's Court yesterday, before Mr H. AY. Bishop, S.M., Devereux, King and Co. (Mr Johnston) claimed £200 from Frederick Jas. Saville (Mr Hall and Mr E. T. Harper), balance of commission in respect to the sale of the Mount White Station. Wm. R. Devereux, a director of the plaintiff company, said that the defendant placed the property in then hands for salo about September. 1907. The property was sold by -olaintiffs to Mr Joseph Studholmc for £25,000, and they were now suing for £200 balance of commission on the sale. The original amount was £40-5, but only £202 10s hud l>een paid, fho defendant stating Dalgety and Co. had claimed half the commission. When witness inspected the place just before last Christmas, Saville told him Guinness and Le Cren, of Timaru, were sending up a client, and if n sale was made witness could not be considered, as defendant would probably have to pay Dalgety and Company an overriding* commission. Witness had told Dalgety and Co. if the property was sold to a man named Burke he would allow then half commission, but it was never agreed that they should get half commission for the sale to Studholme. He knew at the time the sale was made that Dalgety and Company had been acting for defendant.

Thos. Dent, who in 1907 was managing director of Devcreux, King and Co., produced a book showing the particulars regardin:: the property when it was first placed in plaintiffs" hands for sale. The defendant said that about October, 1907, tho property was placed in plaintiffs' hand.-, for sale, and tresh. particulars were supplied in September last. He had repeatedly told Devcreux that he would have to allow Dalgety and Company half the. commission in the event of a sale being effected, as they had financed him. The original price asked was £30,000, und the property was subsequently _old fcr £23.000. Wm. D. Stewart, manager cf Dalgety and Co., also said that Devcreux "_ i C * UlK " e *" st ood they wero to get half commission. i p -.. c - c '-Bingham, land agent, called by Mr Johnston, said he had the station placed in his hands for sale some five years ago, and the understanding, ip. the event of a sale, was full Chamber of Commerce rates. This had been paid in respect to the sale of a property at Hororata on account of defendant. The instructions given him he understood entitled him to make a binding contract with a man wm would purchase. The Magistrate said that it seemed to him that the nronertv was for <*ale and v was rfuecxl in the hands" of plaintiffs with certain stipulations as to price The -rale was admittedlyconcluded through the instrumentality of ihe plaintiffs. It was very clear ud to this ncint—the authority, introduction, sale, and the certain terms agreed upon. The onus clearly lav on defendant to satisfy him bevoiid all reasonable doubt thr.t there was a departure f*-om the ordinary rule. He did not think he would ho at all justified in taking ihe same view as deffi.dant. He was influenced in that view by the fact that Mr Cuningham had been **:'!.*u-ed in the same position as plaintiffs—he was not subject io any stipulation as to commission. He whs very far front satisfied with defendant's view, and judgment would b*> for plaintiff for the amount claimed, with costs.