A COMMISSION CASE.

Lyttelton Times, Volume LXX, Issue 8593, 21 September 1888, Page 3

A COMMISSION CASE.

THOMAS v. BRICK

The hearing of this case (part heard on Sept. 13) was resumed yesterday at the Ashburton B.M. Court before C. A. Wray, Esq., R.M., Mr Wilding (for plaintiff) and Mr Holmes (for defendant) appearing as before. Mr Wilding called C. J. Harper, farmer, Maronan: Was the owner of the sheep in question. Sold them to Brick himself after they had been withdrawn at auction. Afterwards heard Brick tell Thomas to sell the sheep on his (Brick's) account. Cross-examined : Did not hear Brick mention any price at which the sheep were to be sold.

Re-examined: Thomas told witness the sheep were withdrawn at 9s 4d or 9s sd. T. M. Jones, stockman : Was present at Tinwald market, and heard Brick tell Thomas in Taylor’s presence that the price was 9s 3d, and then tell Taylor to pay the cheque for them to Thomas, who would pay him (Brick) for them. Cross-examined: Was a servant of plaintiff. For the defence, Daniel Brick, farmer at Urral: Was defendant in the action. Thomas did not tell witness before he bought the sheep from Harper that he could get 9s 4d for them. Soon after witness bought the sheep Thomas said he could get 9s 4d for the sheep. Witness refueed it, and said he would take 9s Gd and no less. Never authorised Thomas to sell the sheep on his account. Thomas did not point out Taylor (the ultimate purchaser) to him. Thomas came and said he could get 9a sd. Witness refused it. Did not go after Taylor, Taylor came to witness, Solti the sheep to Taylor at 9s 3d each, and £1 over. Told Thomas this. Asked Thomas whether he would take Taylor’s cheque for the sheep, giving witness the profit (£ls 2s 6d). Thomas took Taylor’s cheque. Afterwards asked Thomas for the cheque for the profit (£ls 2s Gd), and was told that Taylors cheque was not yet cashed, but he would give witness a cheque for £lO if he wanted money. Witness declined, not wanting money, and told Thomas to pay the amount into witness’ Bank account. The previous week witness had re-sold a lot of sheep bought from Thomas, and had paid for them with the sub-buyer’s cheque to Curtis, Thomas’ clerk. Refused to recognise Thomas’ claim for commission. After receiving the summons Curtis came to witness and got

ifc from him, saying he would settle it, and pay the costs out of his own pocket. Cross-examined; Was in Taylor’s house four years before, but did not recognise him on the morning of the sale. Witness had bid 9s 5d for the sheep, and would have taken 200 of them at that price. Thomas never spoke to witness and Taylor together till after the sale of the sheep to Taylor, Had asked Thomas’ opinion about re-selling the sheep. If Taylor’s cheque had been dishonoured, would not have looked to Thomas for the money.

F. M'Gafferty, farmer, Lauriston, was with Brick at the time he was about to drive the sheep away. Taylor came up and spoke to witness. Heard no conversation between Brick and Taylor. Thomas and Brick were in conversation, and as they parted, heard Thomas say to Brick, “ \Tou ought to sell.” Brick replied, “ No, I will not take less than 9s Gd.” Shortly afterwards saw Taylor and Brick driving the sheep away. Heard Brick ask Jones to help him to drive the sheep, but Jones refused as he had no dogs. Robert Taylor, stock-owner, Geraldine: Knew both parties to this action. Thomas did not speak to him about buying Brick’s sheep. Went to Brick of his ovvu accord. Cross-examined: Knew Webster. He was not present that day. AMr M.‘Donald was there. Authorised M‘ Donald to bid 9s 5d for tbe sbeep. M'Donald went several times backwards and forwards to somebody about the sheep. Saw Thomas and M'Donald in conversation. Did not know what took place between them. Left the whole dealing to M'Donald. Wrote the letter produced (which forwarded cheque to Mr Thomas, and stated that he considered him Brick’s agent in the matter).

To the Bench : Bought the sheep from Brick without Thomas’ intervention. Authorised M'Donald to offer 9s 5d for the sheep to Thomas, and got back word that 9s 6d was the lowest price. Then went and bought the sheep himself from Brick. Counsel having addressed the Bench, His Worship reserved judgment until next Court day.