MAGISTRATE'S COURT.

New Zealand Herald, Volume L, Issue 15249, 12 March 1913, Page 5

MAGISTRATE'S COURT.

LAND AGENTS' CLAIMLegal argument was heard before Mr. C. C. Kettle, S.M., at the Magistrate's Court, yesterday, in a case brought by Collins and Storey, land agents, against F. H. Lees. The case was commenced in December last, and was brought to recover £40, paid by : the plaintiffs to the defendant, as a deposit on the purchase of nine sections of land at Titirangi. Mr- j. P. Campbell, who appeared for the defendant, contended that the deposit could not be recovered, as the defendant was prepared to carry out the agreement for the sale of the sections. Even if the agreement was one in respect of which a specific performance would not be decreed, the deposit could not be recovered in an action for money had and received. He quoted authorities in support of his con-' tention. For the- plaintiffs, Mr. R. A. Singer argued that the contract did not comply; with the provisions of the Statute of Frauds, .and that therefore the money should be refunded. His Worship upheld Mr. Campbell's i contention, and gave judgment with costs, ■ in favour of the defendant. MILKING ON SHARES. H. Benge, of Dairy Flat (Mr. Richmond) and H. Thomas, of Whangaharao (Mr. Singer), met to discuss a claim by the farmer for £23 for wages. The plaintiff and defendant were milking on shares far a third man, and the defendant said that he had accounted to the plaintiff for his share of all he had received from their employer. He was suing the latter for balance due to them,: and would divide what he secured. The case was adjourned until after the hearing of the pending suit. UNDEFENDED CASES. Judgment was given for the plaintiffs in! the following undefended cases: —Hutchin--1 eon Bros. v. Bridget Don (Hobson Street), £1 2s ; J. H. Wilkins v.* Ellen MacNicol (Takapuna), £2 ss; T. M. McLaughlin v. 1 W. P. McNamara (Whakatane), £9 lis;' A. Cleave and Co., Ltd. v. F. J. Pearson (Ruatangata), £4 0s 6d ; Wilson, and Hcrton v. Stanley Partington (Victoria Street), 15s; F. Larsen v. Stanley Partington, £3 15« 6d; Wiseman and Sons, Ltd. v. Benjamin Thompson (Mercury Bay), 12s; L. D. Nathan and Co., Ltd. v. Edwards (Te Awamutu), £56 8s lid; T. H. Hall and Co. v. Sibun and Kent S&tone), £16 4s 6d; Auckland Importing Company v P. Brady (Oxford Street), £2 8s 6a; James Southernwood v. Peter McGuire (Symonds Street), £2 lis 9d; Sid. Rosenberg v. Wakefield and Co. (Albert Street), £1 lis 9d; Mason and Flinders v.. Mrs; M. Reeve (Symonds Street), £3 ;j George Mcßride v. Leo. Flynn (Mamaku), £1 ss; George Mcßride v. Keri Brown (Omaha), £5 3s 6d; Charles James Lakey v. J. Lannigan (Remuera), 18s; Executors of Robert Rew. v. E. C. Thompson (Hobsonville), £2 10s; Auckland Importing Company v. Mrs. V. Bray (Takapuna), 17s 6d; J. J. Craig, Ltd. v. Thomas Place (Arnold Street), £33 14a lOd; E. C. Somerville v. J. Wilson (Albert Street), £2 9s 6d; Taupiri Coal Mines, Ltd. v. Joseph Hayes (Taumarunui), £15 18s 4d; C. J. Nurse and Co. v. J. Clarke (Wai-i tara), £40 10s 9d; W. Rogers v. H. Curry, junr. (Rawene), £4 2s 6d; E. Day v. S. Little (Birkenhead), £5; Earl and Kent v. Pokaihaku Te Anine (Auckland), £31. ' ' ■