SALE OF AN ESTATE.

New Zealand Herald, Volume XLV, Issue 13725, 15 April 1908, Page 8

SALE OF AN ESTATE.

AGENT'S CLAIM FOR COMMISSION. Me. K. 0. Cuttkn", S.M., presided at the Hamilton Magistrate's Court on Monday. The first case dealt with was a claim for £200 by T. B. Insole from G. Eyre for commission on a sale of 4000 acres at Eureka. Mr. T. B. Gillies appeared for claimant, and Mr. Tunics for defendant. Plaintiff deposed that lie had interviewed defendant's son. who told him that his father's property was for sale at £2 5s per acre. He (claimant) wrote informing defendant that he would bring a purchaser, and took out Mr. Moroney. Defendant was not at home, but one of his sons showed them over the property. A few weeks after he met Mr. Eyre, sen., who said he had given three months' option to an agent, but when that expired he would be prepared to deal with Moroney. In reply to Mr. Funks, claimant said the only authority he had for taking out a buyer was the statement of the son. The property was purchased by Moron«y in the following August or September. Mr. Tunks submitted that there was no case to answer, and that there was not a tittle of evidence to connect Insole with the sale of the property. .Moroney became a purchaser through the exertions of another agent. Mr. Cuttei) said he was not. prepared to i grant a nonsuit without consideration. j The evidence of defendant was to the effect that he did not know Insole, and did not recollect ever having seen him. Judgment xvaa .reserved.