MAGISTRATE'S COURT.

New Zealand Herald, Volume LI, Issue 15769, 18 November 1914, Page 5

MAGISTRATE'S COURT.

PROPERTY SALE DISPUTE.

POINTS OF LAW ARGUED.

The case of William Hay ward (Mr. B. Wyman) v. A. 0. Otto and Co. (Mr. W. D. Anderson), a claim for the return of £50 paid as deposit on the sale of a farm, and £35 damages, again came before Mr. C. C. Kettle, S.M., at the Magistrate's Court yesteiday. Mr. Wyman had applied for an amendment of the claim to one of breach of warranty of authority to give possession.

Mr. Anderson said that if Mr. Wyman was prepared to admit that possession was given in pursuance of a. contract he would not call further evidence.

Mr. Wyman : I contend, Your Worship, that when Mr. Tanner, of Otto and Co., was arranging the agreement with Hayward, he promised the latter the key of the house and thus gave him possession. Mr. Anderson : That is exactly what I want to be admitted.

Mr. Wyman submitted that there had been an enforceable contract.

His Worship said the defendants had bound Hay ward by getting his £50, but they had not bound Smedley and his partner by verbal or written authority, and the contract was not, therefore, an enforceable one. >, Mr. Wyman said that in case of an appeal he wished His Worship to note his contention that the agreement signed by Hayward contained the names of Smedley and his partner. It was drawn up by their agents, by one of whom, Tanner, it was actually signed, and was, therefore, according to law, signed by the principals— Smedley and his partner. He quoted authorities to uphold this contention. His Worship intimated that he would give his decision in writing. CLAIM FOE ADVERTISING. Arthur Cleave and Co., Ltd., printers (Mr. J. H. Gregory)' claimed from finid J. Trcvelyan £2 10s, an amount alleged to be due for the insertion of an adver- : tisement from September 2, 1910, to . March 2, 1911. Defendant paid 18s into Court and said that she had paid the rest of the money, but had lost the receipts. The plaintiff company's books with records of Mrs. Trevelyan's "payments were produced, and, after examining these, Mr. Kettle nonsuited plaintiffs as to the balance of the claim. He ordered that the plaintiffs were to receive the 18s • paid into Court and were to pay defendant 5s expenses. UNDEFENDED CASES.

Judgment for plaintiffs with costs was given by Mr. Kettle in the following undefended cases :-—E. C. Browne and Co., Ltd., v. Fred Speakman, Ellerslie, £2 6s; E. A. Perkins and (Jo. v. Andrew Macfarlane, Hautapu, £48 7s; Frank J agger and Co. v. Thomas Quayle, Taumarunui, £2 15s 6d; Gabriel Lewis and Co. v. * Hori Paerimu, Orakei, £7 2s; Arthur Cleave and Co., Ltd., v. B. Delargey, Ruatvaia, £4; same v. P. Delargey, Dunsandel, £1 2s 6d : executors of Robert Hew v. J. Dawson, Henderson, £6 14s 6d ; Kirkman and Denison v. Hector Wynyard, Devonport, £14 17s; Walter Lambourne v. VV. Scholes, Ponsonby, ±11 12s ; T. McDermott v. Stephen Carter, Panmure, 9s 9d; Thomas Osborne and E. A. Perkins v. James Dignan, Auckland, £50 6s; Smith and Caughey, Ltd., v. Thomas W. eagle, 'laihape, £2 8s 2d; W. Sutherland and Co., Ltd., v. William Allen, Auckland, £18 18s 3d; John Burns and Co., Ltd., v. F. J. Pearson Auckland, £6 lis; Josephine Coe v. The United Timber Co., Ltd., £20; M. J. Bennett, Ltd., v. George Devey, sen., Te Aroha, £2 Os 6d; Harold Kennedy Simpson v. A. H. Smith, Auckland, £16 7s 6d; National Trading Company of New Zealand, Ltd., v. H. H. Edwards and Co., Auckland, £2 15s 7d; Parker Lamb Timber Company, Ltd., v. James Johns, Bombay, £17 10s lid; M. J. Bennett, Ltd., v. Christina Fisher, Newton, £1 Is; William Herbert Lamb and Charles Alexander Lamb v. George Walsh, Te Awamutu, £4 13s 9d; G. A. Coles and Co., Ltd., v. E. R. Ken-, Balclutha, £31 8s; E. Ellingham and Co., Ltd., v, Frederick Robinson and Martin Balaero, Hikurangi, £10 9s 6d ; Smeetons, Ltd., v. J. Stan way, Tangowahine, £18 5s 9d; George Mcßride v. J. H. Rochfort, Kopu, £4; William 'Edward Wilson v. Albert Coburn, Auckland, £2 14s 3d; Amburys, Ltd., v. 11. Niccolis, Ponsonby, £3 3s 3d ; Laura A. Silcocks v. George Buckland, Thames, £4 15s; Frank L. Atkinson v. George Davis, Whangarei, £2 10s; Irving Clarke v. K. Riddock, Grey Lynn, £46 7s 4d ; G. W. Wilton and Co., Ltd., v. The Voice Printing and Publishing Co., Ltd., £7 12s sd; H. E. Partridge and Co., Ltd., v. William Vickers, Waipawa, £9 14s sd; Milne and Choyce, Ltd., v. H. Simons, Dargaville, £2 i7s; B. Morrison v. S. Bunting, GisboTe. £12 12s; Jas. Thomson v. William Williams, Auckland, £1 8s; Alfred William Edwards v. Albert H. Pia, Auckland, £59 2s 8d; Ross and Co. v. King Country Motor Co., Te Kuiti, £37 6s sd. The Bank of New Zealand obtained judgment by default for £14 Os lOd acainst each of the following defendants —Giles Pardini;ton, Auckland: Ernest Newson, Auckland ; James Fowler Cat lev, Mount Albert ; George Thorp, Ellerslie; Robert Darlow, Auckland; and Edward James Brit-tain, Auckland.