SUPREME COURT.

Press, Volume XLIX, Issue 14599, 25 February 1913, Page 2

SUPREME COURT.

CIVIL SITTINGS. (Beforo his Honour Mr Justice Denniston.) SMITH AND ANOTHER, v. BRIGHTLING. This was a claim for £907 15s, brought by John Smith and Thomas Wallace against John Brightling for a quantity of bricks and material at the Progress brick works at the timo defendant tool, possession on February 6th, 1911. Brightling agfeed to buy tho brickworks from Wallace and Smith, the price to be fixed by valuation. Before tho valuation was. completed Brightling entered into possession. After tho valuation was made it was discovered that thero was a defect in tho title of the land, and on account of this defect tho sale went off. Brightling remained in possession till Octobor 31st, and plaintiffs now claimed the value of tho goods he had used. The defence was, that having; been led into possession, and tho salo not having been completed, Brightling was constructively the .plaintiffs' agent, and it was, therefore, not necessarj for hirp to pay for the goods he used, but to furnish accounts of the workin_ of tho concern, and _>ay or receive whatever balanco was shown.. ' Mr T. W. Stringer, X.C, with him Mr Anthony, appeared for plaintiffs, and Mr Raymond, with him Mr Izard, for defendants. At his Honour's request it was decided by counsel to state a case for his Honour's opinion. The action was accordingly adjourned to allow of this being done.