CIVIL CASES.

Evening Post, Volume LXXXIII, Issue 79, 2 April 1912, Page 7

CIVIL CASES.

COMMISSION AGENT'S CLAIM. | PLAINTIFF NON-SUITED. In the case of John William Mackay v. Robert Hannah, boot manufacturer, plaintiff claimed to recover the 6tim of £26 for work done and^ attendance performed for defendant at his request as a «ommisaiop agent in the letting of certain premises at Lambton-quay, owned by the defendant, and leased by one William Young for a term of seven years at uio annual rental of £520. The sum of £26 was a commisaion on the last year's rental of the premises at the rate of 5 per ! cent. Counsel for tho defence (Mr. Fair) asked for a non-suit on the ground that, put shortly, the time had not arrived for the plaintiff to sue for his commission. Counsel contended that no letting had ' yet taken place since Hannah and Young were still in negotiations. The time for plaintiff to come along with his action -would be when those negotiations had been completed between the parties named. His Worship held that in the present case there had been no withdrawal of the. agent's authority. Parties •were only awaiting the conclusion of a binding contract between them. As soon as that was complete, then, in the court's opinion, the plaintiff might have his right of action. Meanwhile he must be nonsuited. .Costs went with the judgment. Mr F. P. Kelly, appeared for plaintiff PLUMBING DISPUTE. His Worship Dr. M'Arthur, S.M., also gave judgment in the case of H. Stairmand, plumber, v. H,JE. Manning, contractor, wherein plaintiff claimed £17 16V in connection with a tender for the erection of a house. Manning counterclaimed for £10 3s 6d alflo in connection with the same building. Judgment was given for plaintiff for £6 ISs, and for defendant for £5 10b 6d on the counter claim. Mr. H. E. Anderson appeared for Stairmand, and Mr. A. Blair for defendant.

According to meteorological statistics, there was a big difference- in the weather of March this year a-ad last year's conditions in the same month. Last year March was exceptionally dry, the rainfall being but .Ism. The rainfall tor last month amounted to 3.29 in. on sixteen days of rain, with the heavfetl Ml {.78in) o» the 12th. The average rainfall for March for the last eight years v> 2.96 in.