DEAL IN PROPERTY.

New Zealand Herald, Volume LII, Issue 16013, 3 September 1915, Page 3

DEAL IN PROPERTY.

AGAINST PUBLIC POLICY.

CLAIM FOB PROFITS DISALLOWED.

Judgment was given by Mr. C. 0. Kettle, S.M., in the Magistrate's Court yesterday in the action in which Robert M. Gillespie (Mr. W. D. Anderson), agent, of Papakura, sought to recover from A. Litchfield (Mr A. E. Skelton), salesman, Papakura, the sum of £30, half share of the profits made on the sale of a section at Papakura, and £4 15s, half of the value of the improvements made on the profits.

The statement of claim set forth that in March, 1915, defendant and plaintiff, acting as partners, purchased a property at Papakura from one Standing for £140. The property was afterwards sold, and the plaintiff claimed his share of the proceeds. The plaintiff gave evidence that there was an arrangement, made between himself and the defendant to buy the property for £140, make certain improvements, then sell it and share the profits between them. The sum of £200 was realised on the sale. The defendant swore positively that no such agreement was come to.

During the hearing the magistrate said that it was against the public policy for any clerk or salesman to enter into an arrangement to speculate with his client's property. Summing up, the magistrate said he was prepared to hold that if there was an arrangement between the plaintiff and the defendant it was void on the ground of public policy. At the time the property was bought the defendant and the plaintiff were carrying on business practically as land agents. In his opinion the evidence of the defendant strongly outweighed the evidence of the plaintiff. He would give judgment for defendant, with costs.

Mr. Anderson said he would like to appeal, but as the judgment stood he had no power to do so. His Worship then altered his decision, and nonsuited the plaintiff, with costs £6 2s 6d.