CIVIL SITTINGS.

Dominion, Volume 1, Issue 73, 19 December 1907, Page 4

CIVIL SITTINGS.

CLAIM FOR COMMISSION.. "■ '■ ■ The Civil Sittings worn resumed yesterday morning, His Honour Mr. Justice Button, taking his seat at 11 o'clock. Tho hearing of tho case, John Cwynneth Stevens and Frederick' John, Jones, of Ofcaki, , land and estate agents, versus Sariluel Smart Mason, of Manal«ui. ? i,was , -..cq,nl;jiined;. I '-.Xhis' T/as a claim f0r'.£273'155.. ais; commission; 'on tho sale of '■'a parcel, 'of■; ■ lahdj-jVajtua'te. at Man.ikau,■ and containing .365 Macros,' at tho prico of £30 per acre.' '.. - ; . '"■''. ■:'., :i '■;;• . • - ; Gray appeared for plaintiffs, and Mr. Hislop for defendant. ; :' ;•'•.'!.'." ';'- : ;: ;■ \ Tho caso for the , plaintiffs l was that they woro instructed by defendant to sell tho property, and that, subsequently, through Messrs. Brophy' and Mowloinj their • subagents at Palmerston North, tho property was sold. .•.'•' ......... . For the defence it was contonded that plaintiff were not employed" to pffect the sale, i ' " . ' ' "'"!•'•. ' Upon the conclusion of tho case, His Honour intimated that ho would take- time- to consider his judgment. ..' 'I Judgment in this case will bo delivered at 10.30 this morning. ' : • • ;

MOTION TO DISSOLVE INJUNCTION. Yestorday afternoon, His Honour Mr. Justice ■ Copper. heard argumont rolatiro 'to u. ■ motion for— the.-:-"-dis--solution of an intorim injunction obtained in January last by; Mrs;-Field against Allan Maguiro and- his contractor, restraining them from cutting into tho bank at tho rear of tho new Commercial Hotel on Ldmbton Quay. , ' Mr. C, P. Skcrrott, K.C. (with him Mr. Buddie) appeared for the original defendants,'. Maguiro and his contractor, in support of tho motion; and Mr. H. D.-Bell, K.C. (with him Mr. Luckie) for the original plaintiff, Mrs. Field, to oppose. Mr. Ske'rrett stated that, tho injunction in question was granted in January last on an ex parte application. It was now submitted that the injunction should now. bo dissolved. Tho injunction was not in tho usual form,' because an indemnity clause was not provided. Mrs. Field's house stood upon. a picco of land situate above Lambton Quay. Part of her land consisted of a bank which was not in its natural condition. This bank had been excavated on either side, and, as a result of tho fire which destroyed tho Commercial hotel, its stability had been affected! Tho bank was of a loose, friabto character; and had been a soured of great .trouble.,to plaintiff,, quite irrespective or any work done' by defendants. There was delay'in'tho erection of the first wall; but defendants were not to blame'in the matter,' The wall was serving its purpose admirably as a protection to plaintift's property.- Direotly it was erected, defendants proposed to go on with tho i construction of the second wall, but plaintiff refused to grant permission ; henco tho present application to dis« solvo tho injunction. Mr. Skerrelit contended that it was as much in plaintiff's interest as in defendants' interest that the second- wall should bo erected, as the result would bo that plaintiff's bank would bo much saior than over it had been. The wall which it was proposed to erect would bo a vory oxpensivo one. Defendants wished to erect it for tho purpose of getting all tho accommodation they could out of tho land, ns much as for tho purpose of protecting plaintiff's bank. Tho delay in the erection of the .first wall bad been responsible for tho slips which had happened since the injunction was granted. Defendants would bo very glad to see tho matter settled one way : or tho other. For over a year tho question had been a source of trouble and anxiety to everyone concorned.- ' . . Mr. Bell pointed out that the matter was of grave consideration, but not of the urgency which Mr. Skcrrett had alloged. His Honour: If I dissolve tho injunction the work goes on. Mr. Skerrett: If ' the injunction remains I'shall accept Your Honour's judgment, and my clients must adopt some other plane.

Gerald Fitzgerald, civil engineer, engaged by the defendants in connection with the erection of the walls, gave evidence. ' The hearing will be resumed at 9.30 this morning.