CLAIM FOR £400

Dominion, Volume 20, Issue 256, 28 July 1927, Page 16

CLAIM FOR £400

DISPUTE OVER PROPERTY. Yesterday the Chief Justice (Sir Charles Skerrett) heard a case in which Thomas Pearson Firman proceeded against William Farquhar Eggers for the sum of £-160, with interest. Firman alleged that on September 9, 1925, he had paid to Eggers, who is a land salesman, the sum of ,£lOO by way of deposit on the purchase of a property. No. 112 Brougham Street. This _ purchase _ had. not been completed, and it was claimed that the £lOO, was repayable to Firman forthwith. This Eggers had failed to repay. Also, on November 24, 1920, Eggers had undertaken to arrange a moitgage over a property of Firman’s situated in Hopper Street for the sum of £3OO. Eggers had had a mortgage prepared to himself as mortgagee for £3OO, and this the plaintiff duly executed, but Eggers had failed to pay the money, or to account for it. Claim was therefore made for £lOO, with interest at 8 per cent, from September 9, 1925, and for £3OO with interest at 8 per cent, from August 23, 1925.' . , Eggers admited that he had received security for £3OO by way of memorandum of mortgage over a property in Hopper Street purchased by Firman from him, thia being portion of the purchase price payable to him by -Firman. Also the defendant stated that with Firman he had acted in partnership relative to a number of transactions for some years, that it was agreed that he should keep the acounts, that Firman had seen the accounts from time to time, had received proper credit for all moneys due to him, and that the partnership was still current. His Honour found that there had been a relationship of joint adventure between the parties, but that in September, 1925. the accounts had been adjusted and the sum of £lOO agreed upon as Eggers’s indebtedness to Firman. This was contem- . poraneous with the purchase of the Hon--1 per Street property. There-was no question that Firman was entitled to this £lOO, which had been received as a deposit on the purchase of the Brougham Street house. Judgment was entered for plaintiff for this, and for the £3OO, with interest at 8 per cent., and costs. Mr. O. C. Mazengarb appeared for Firman and Mr. A. B. Sievwright for Eggers.