BIRCHHILL ESTATE.

Evening Post, Volume LXXXI, Issue 40, 17 February 1911, Page 2

BIRCHHILL ESTATE.

-0 . CLAIM. FOR COMMISSION. The commission el-urn, Frederick Hales and others v. Devereaux, King and Co., was further heard yesterday ' afternoon, and adjourned until to-day. Mr. Blair appeared for plaintiffs, Mr Young for defendants, and Mr. H. W. Johnston for W. R. Devereau?:. Mr. Blair asked for a non-suit. His contention was that the telegrams to Spiers and Mowatt, and a letter of 13th .November must necessarily preclude any claim for commission on the part of defendant, lie maintained that defendant was stopped from claiming commission on the sale to Morland in view of the fact that there was a sale to Somerville made at his express request. Mis Honour Mr. Justice Chapman paid it was better to reserve the leave to move for a non-suit or for judgment on olie whole case. Tho jury's opinion would bo asked on the matter. In his opening, Mr. Blair admitted that at th? cutset Devereaux introduced Morland. who ultimately bought the properly. It was never questioned that the iormer brought a binding agreement. The case centred round ihe occurrences between the giving of the option on t-he Bth November. ICC9, and its acceptance '011 the 18fcli. There would have been no trouble but for the action of Bever-eaiix, as plaintiffs believed that they wore free to act on the telegram from Devereaux tjiat Morland did not intend to complete, and they therefore sold to Bomcrville. The Court of Appeal case followed. Already plaintiffs had paid commission to Griliiths, and now Devereaux was claiming it. The question for th© jury was, whether they would not have come to the same conclusion under the circumstances.

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