A COMMISSION CASE.

Marlborough Express, Volume XLIV, Issue 256, 5 November 1910, Page 2

A COMMISSION CASE.

CLAIM FOR £100,

F. W. DODSON v. H. HOMES,

I (Before Mr R. S. Florance, S.M.) The Magistrate's Court was occupied to-day with the hearing of a claim preferred by F. W. Dodson (Mr Rogers) against H. Homes (Mr Mills) for £100 for negotiating the sale of the Pelorus Hotel for the defendant to Mr E. E. Bell. F. "W. Dodson (plaintiff) deposed that during a business visit to Canvastown the defendant asked him to sell his hotel, stating that he was not enjoying good health, and wanted to get out of it, "and that if the witness got £2000 he would be paid £100 commission. The witness promised to do his best for Mr Homes, and when he returned to Blenheim he interviewed Mr Bell, informing him that the Pelorus Hotel was for sale, and that the house would suit him. He supplied Mr Bell with full particulars of the house, and the latter subsequently went to Canvastown and had a look through the hotel, and upon his return to Blenheim he informed the witness that he was favorably impressed with the place, but considered that £2000 was its full value, and would give no more. *Mr Bell gave the witness to understand that Mr Homes wanted more than £2000. The witness stated that he_ would see Mr Homes when he came into town, and did so, at the Grosvenor Hotel, telling him that Mr Bell was prepared to ! give £2000, whereupon Mr Homes j

said he wanted more. This concluded the matter* on this occasion, Mr Homes deciding to leave the matter in abeyance until after he had discussed the matter with his wife. The witness received a telegram from the defendant to the effect that he would accept Mr Bell's offer, and the witness in turn then communicated Mr Homes's acceptance of his offer to Mr Bell. The last-mentioned went through to Canvastown with the witness, where the bargain was clinched in.the presence of Mr Brunette, by whom the agreeriient (produced) was written out. Mr Bell paid; a deposit of £100. The witness, Mr Bell, and Mr Brunette went to Canvastown on June 27th, when an inventory was taken of the stock-in-trade, and Mr Bell took possession of the hotel. Cross-examined by Mr Mills: He was not a commission agent, and had been at Canvastown in connection with his own business. His object in selling the hotel was in order to gain trade. Mr Homes had said there was a seven years' lease of the hotel, and the .witness had told Mr Bell that everything went with the hotel with the exception of the bar stock. E. E. Bell, proprietor of the Pelorus Hotel, related everything that had transpired in connection with his purchase of the hotel. He explained that he had been willing to pay £2000, but that Mr Homes had asked £2600. The price accepted was £2000, but this was reduced by £50 owing to .there not being a seven years'' lease of the hotel. He would not have purchased the hotel but for Mr Dodson.

Cross-examined by Mr Mills: Mr Dodson had sold him a seven years' lease of the hotel. The witness then detailed what had happened at the time he took over the hotel. Mr Homes did not show the witness a ,copy of the lease, but stated also that there waa a seven years' lease. This was at a different time from that upon which Mr Dodson had stated that there was a seven years' lease.

L. Griffiths, commission agent, stated that he had been told that the sale price of the hotel was £2000. The rate of commission usually charged Was 5. per cent. That was what he would have charged had he negotiated the sale.

H. Homes, the defendant, stated that he placed the Pelorus Hotel groperty in the hands of' Messrs rriffiths and Son, and Bodie and Co., of Wellington, to* sell, the price being £2000 for the goodwill, with the exception of live-stock and crops, and bar stock at valuation. He E laced the property in the agents' ands at the' beginning of the year. He had done some business with the plaintiff in the way of buying'beer from him. Mr Dodson had asked him if he could sell the place for him, and he had given him the particulars of the terms under which! he was prepared to sell, which had been noted by Mr Dodson, who said he would expect a commission. . The witness told Mr Dodson that if he could make a clean sale of the place at £2500 he would give him £100. Witness then gave an' account'of the value of the live, and other stock. He stated further that he had promised to give Mr Brunette £50 if he could effect the sale of his property, and had signed a document to that effect.

Cross-examined by Mr Rogers: Mr Dodson had no authority to accept a deposit on the sale from Mr Bell. (Left sitting.)