MAGISTRATE'S COURT.

Taranaki Daily News, 14 September 1920, Page 6

MAGISTRATE'S COURT.

YESTERDAY'S CIVIL BUSINESS, A DISPUTED DEAL. ' A ailing of the Magistrate's Court was held at New Plymouth yesterday, Mr. T. A. B. Bailey, S.M., presiding. A claim was made by Patrick Raill, of Moturoa, against F. W. Hammond, of Koru, for £7 10s, being the balance of purchase price of twenty-five goats. Mr. Croker said plaintiff, who had been a farmer at Koru, sold his farm last year to Hammond. There was also an agreement that defendant was to take possession of a certain number of goats. At that time the exact number was not known, but a tally was taken later, defendant being debited for twen-ty-five. Hammond paid for fifteen, and there was thus a balance owing on ten. Evidence for the plaintiff was given by Nellie Raill, Alice Bishop, and Fredcrick Jones. Mr. Quilliam said the defence was that there had been no delivery of the goats. Hammond agreed to purchase an uncertain number, to be counted later. Ho was not consulted, however, in the matter of the tally. He was told the number was 25, but a day or two later he counted 45, and some days he would go out and only see six. He. wanted 'Raill to show him .which were his goats. . Judgment was given for plaintiff for the amount claimed, with costs £1 14s Id. A MATTER OF COMMISSION. Commission due on the sale of a property was the basis of a claim for £4O made by Gilmour and Clarke (Mr. Quilliam) v. Francis E. Brenmuhl (Mr. F. B. Wilson). Mr- Quilliam said defendant had given authority in writing to plaintiffs to sell his property at Vogeltown. Originally the price was £2OOO, but later he instructed them to reduce it to £1650, as he was desirous of selling. Shortly after this a purchaser named Chatterton was shown over the property, but deferred his decision till returning from a trip to Auckland. Later plaintiffs learned that the property had been sold to Chatterton, and sent in an account for commission to Brenmuhl. When he did not pay he was asked the reason, >«nd replied tlvat he had sold the property to Chatterton free of commission. E. R. Gilmour gave evidence on the above lines, With particulars of the yarions demands made for the commission. The firm contended that they were instrumental in effecting the sale. The defence was that it was through ro effprts on the part of the plaintiffs that the property was sold, although, in common with other agents, they showed prospective buyers over the house.

Evidence was given by W. Chatterton to the effect that he formerly resided at Kent Road. His furniture was shifted into New Plymouth by Brenmuhl, who inquired at the time if witness intended settling down in New Plymouth, and mentioned that he had a property at Vogeltown which he desired to sell. Witness replied that he was not certain just then, but would see the property in about six or nine months. He was shown round several places by agents, but could not remember inspecting the house with Griffiths, though Nolan and Co-'s agent had shown him over the property. One evening witness went and saw Brenmuhl, and made him an offer, which was subsequently accepted. Mrs. Brenmuhl said Gilmour had not shown Chatterton over the property, though he did bring one purchaser. His Worship was proceeding to intimate that he did not think the plaintiff could succeed, when Mr. Quilliam requested that judgment be given in writing. This His Worship agreed to. TENEMENT CASE. On the application of the State Advances Department, an order was made giving possession of a tenement occupied by Miss G. Johnson. No defence was raised. JUDGMENT SUMMONS. On judgment summons orders Harry Seekamp was ordered to pay, at the suit of Frederick Green, the sum of £8 3a 6d, forthwith, in default eight days' imprisonment, and at the suit of the same creditor £3 4s 8d forthwith, in default three days' imprisonment. John Poletti v. William Brown, claim £ll 9s fid. The sum of £3 was paid into court. An order was made for payment of the balance due, £8 9b 6d, at the rate of £1 per month.