LAND DEAL.

Manawatu Standard, Volume LVI, Issue 139, 14 May 1936, Page 8

LAND DEAL.

RESULTS IN LITIGATION. SUPREME COURT CASE. Involving a triangular section of land on the mam Napier Road at the entrance to Asliinirst, ail unusual civil action was concluded m the Supreme Court yesterday beiore rlis Honour Air Justice Ostler. Plaintiffs were the executrices of the estate of the late Air Thomas Janies lvillick (tor whom Air Al. H. Oram appeared). Defendants were Airs Bessie nounes, of Ashnurst, and Albert George Havill. hotelkeeper (tor whom Mr L>. C. Gullinane appeared), with Leshe James List, commission agent, as an added party. The claim was lor 8133 Os 8d commission in connection with the sale of the land by Mi's Holmes to Air Havill through Air List, Che latter having assigned ior £I(JU to the late Air Killick ins interest in the commission. Explaining the transaction, Air Oram stated that Air List obtained an opcion over tho land and entered into negotiations tor its sale to Air Havill, who was seeking another site for Ins hotel license. Airs Holmes wanted a clear £2UO, it being agreed that Air List should receive any figure above that as commission. A document Was executed to this effect. Arrangements were made for the sale ol tho land to Air Havill lor £333 (3s Bd, but later lie wanted to acquire a larger piece, including the area involved in the first deal, ne undertook to purchase for BtlUO some 3 acres i rood 3/.2 perches, this including the purchase price of £333 6s 8d tor the original section, it was alleged by Air Havill that the £133 6s 8d due to Air List was secret commission and, in making the purchase from Ail’s Holmes, lie entered into an agreement to indemnify her, in addition to the _ £6OO puicliase price, against any claim which might t>a made by Mr List tor the payment of commission. Aleanwliile Air List had assigned to the late Air Killick his commission in return for a cash advance, the security being the document executed between Airs Holmes and Air The submission was made by Air Cullinane that the £133 6s 8d was not recoverable, because it was secret commission. Further, he contended, the agreement between; Airs Holmes and Air List was illegal, as the latter was not a licensed land agent. Besides, the assignment made by Air List of his commission was, said counsel, null and void under the Aloneylenders Act. His Honour pointed out that the late Air Killick did not lend money on the assignment, but bought the document outright at a discount. Following upon legal argument, and lengthy evidence on the execution of the documents evidence was given by Leslie Janies List, company director, that he obtained an option over the property with the object of submitting it to a syndicate in which he would then have _a “corner.” He denied that Air Havill had ever paid him commission for negotiating the purchase of the property, but he had borrowed money from Mr Havill. The financial position of witness was bad, hut he had the support of the syndicate, who had considered purchasing the hotel site. His Honour intimated that he would reserve his decision.