MAGISTRATE’S COURT.

Otago Daily Times, Issue 18995, 17 October 1923, Page 11

MAGISTRATE’S COURT.

Tuesday, October 16. (Before Mr J., R. Bartholomew, S.M. Undefended Cases.—Judgment was given for plaintiffs in the following undefended cases George Burton v. James Williams, claim £1 10s for a clock (costs 10s); Bur rows, Stokes, Irwin v. Arthur James Palmer, claim £SO, for money lent (costs £4 ICs sd); City Corporation v. Janies G. M'Donald (Craigallachi), claim £5 12s 7d, for rates and penalties due 6d). . Claim for Commission. —J. Rattray and Son, for whom Mr J. T. Dawson appeared, sued James Walker for the payment of £55 commission on the sale of a properly. —Mr Dawson said that the plaintiff firm carried on, among other things, a land agency business, and the defendant had been a customer. The defendant, who owned a store at Kelso, had been troubled by bad health, and about the middle of 1921 he had asked the plaintiff firm to sell his business. The firm 'got in touch with a man named Dickinson, who bought the business. Owing to an oversight the account for commission had not been sent /.to the defendant right away. When it was sent, Walker did not pay it. The trade journal, which the plaintiffs issued monthly to their clients contained the statement that a commission of 2? per cent, was charged on such sales.—Howitt k. Wilkinson, manager of the plaintiff firm, said that after receiving a letter from Walker about selling the business he had sent a letter to Walker introducing the man who bought the business.—To Mr W. Allan (who appeared for the defendant): Copies o £ the trade journal were posted monthly to the defendant. When he and witness had first discussed selling the property witness had mentioned that a commission of 2J per cent, was charged.— Mr Allan said that he was appearing on behalf of Mr J. A. Moyle, of Herir.t, who was the defendant's solicitor. The defendant, who had b'-'-n threatened with a mental breakdown. '■ left the country. It was unfortunate that the plaintiffs had not seen that the account, was sent in before the -defendant left the country, as neither solicitor know anything about the case. They bad written to the defendant, who seemed to think that the plaintiffs bad sold the business for him because he was cue of their customers.—The Magistrate said that on the evidence the Position was (|uitc clear Even 'apart from the fact that the, journal issued issued bv the plaintiffs stated the terms, 1 they were entitled too reasonable remunernj ticn for selling the business. Hr- muse i take it that they were entitled to 2(1 per cent.-Jndgpmnt for Ibe full amount, was I given for the plaintiff firm, with court costs (£2 19s), and solicitor’s fee (£4 3*l