1059
THE ESTATES GAZETTE
Motion to. find him a house ini November, 1897. Between that date and April, 1898, about a hundred houses1 were brought under his notice. Acting on the advice of Messrs. Motion, he went to Margate and! looked! over the property himself.
This being the ease for the plaintiff,
Mr. Lawson Walton addressed the Court on behalf of the defendant, and said the jury would be asked to draw an inference upon the respective share which Messrs. Motion and the plaintiffs had in the selling of the property. Mr. Marshall, against whose conduct there was no complaint whatever, had, in the exercise of his judgment, come to the conclusion that it was Messrs. Motion who had introduced the purchaser, and that they were therefore entitled |to Itjhe oomm!issi(Hi. The jury would have to decide whether or not that view was the correct one.
Mr. George Marshall, the defendant, having given evidence in support of counsel’s statement,
Mr. James Motion, senior partner in the firm of Jamies and Sidney Motion, public-house brokers, auctioneers, and valuers, of 58, Moor-ga,te-str©et, E.C., said that in May, 1897, Mr. Marshall sent him certain information about Fagg’s White Hart Hotel, Margate, and in that year Mr. Mills came to ask them to find a public-house for him. They sent him particulars from time to time of over 100 different houses, the White Hart among them. On March 1, 1898, they wrote calling his attention to the property, and witness was perfectly certain that when writing this letter he had "not seen !the plaintiff’s advertisement of the house which appeared on the same day; . that was merely a strange coincidence of dates. On March 3 he did ask the plaintiffs, who had been instructed to sell the White Hart, for particulars, and next day telephoned for the price and mortgage, but he never communicated those particulars !to Mr. Mills, hut only to a Mr. Heath, with whom negotiations proved abortive. The withdrawal of authority by the defendant from the plaintiffs was on April 11, and on May 11, he wrdte to Mr. Mills asking if he was inclined to do anything with the White Hart, as Mr. Marshall had called to remind them ha Was still there and unless the house was sold1 at once he should withdraw it entirely from the market. A few days afterwards, Mr. Mills went down to Margate, and ultimately became the purchaser. On May 14 Mr. Marshall wrote referring to the withdrawal of authority from the plaintiffs, and asking if their (Messrs. Motion’s) client had! approached the plaintiffs in the matter, otherwise there Was nothing to prevent witness from doing tlie whole of the business, and witness wrote back stating that the plaintiff had merely sent them particulars as they had probably done! the same to every other broker in existence. He never mentioned to Mr. Marshall that he got any particulars from the plaintiffs; these negotiations with Mr. Mills were three months afterwards.
The learned judge pointed out one or two points of similarity between the letter of March 1 and the plaintiff’s advertisements.
Mr. Lawson Walton, Q.C., in his speech, contended that Messrs. Telfer held not supplied any exclusive information, and that the letter of May, 1897, gave Mr. Motion all the necessary information upon which Mr. Mills alcted.
Mr. Dickens, Q.O., in reply, argued that there was a clear chain of evidence to prove that Mr. Mill's got the whole information through the plaintiff’s agency.
His Lordship, in addressing the jury, said the question to be decided was whether the jury thought the negotiations had really been dropped when the authority of the plaintiff was withdrawn, or whether the material information was procured from the plaintiff durum the time Messrs. Motion was acting for Mr.
Milks.	,	, .
The jury returned a verdict for the plaintiffs for £234 15s., commission at the rate of l-¿ per cent.
His Lordship gave judgment accordingly.
%îriîs & îkplws.
ASSESSMENT of FARM—In reply to “Agent,״ given the facts as stated, it is evident that the overseers of the parish in which is situated the Home Farm, are not complying with the provisions of sec 6 sub-sec. 2 of the Agricultural Rates Act, and the occupier is clearly entitled to the deduction of one-half (upon the land only) of the rates charged upon that assessment—C. Stuart-BARKER, Assessor, 28, Charleville-road. W.	[749]
LICENSE.—In answer to “ Constant Reader,” it is only neceesarv for the partner who absolutely sells to•take out an auctioneer’s license.—Ed. E. G.	[729J
LIFE Policies—The questions put by “Agent’are not
exactly in the line of this paper, but, under the circumstances stated, I have no doubt that the documents held bv C. are quite sufficient to render valid his claim to the amount of the policies on death. He would do well to give the notice alluded to to the insurance company.—BARRISTER.	[749]
Mr. Peter Barker, a well-known North Riding agriculturist and valuer, died at Sower-by. Thirsk, on Sunday, after a brief illness, in his 45th year. He was an active member of the Sowerby Parish Council.
Rosendale Hall, Dulcuich.
changes of time can hardly be better exemplified than by picturing the charming suburb of Dulwich £S it was in the seventeenth century, and the
-- same locality as it is to-day. We are told how, in the days of Charles I.
the Court paid frequent visits to Dulwich and its woods for the purposes of sport; and how authority was given by warrant to one Anthony Holland, a yeoman-huntsman in ordinary to his Majesty, to make known his Majesty’s commands to the inhabitants of Dulwich “ that they forbeare to hunt, chace, molest, or hurt the king’s stagges with greyhounds, hounds, gunnes, or any other means whatsoever,” and also how the

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said Anthony Holland was further authorised “ to take from any person or persons offending therein their dogges, hounds, gunnes, crossbowes, or other eDgynes.” Perhaps the only object that remains to remind us of those far off times is the picturesque structure, known as Eosendale Hall, Park-road, West Dulwich, which was erected in 1658 as a hunting lodge for the Merry Monarch, Charles II. This historic edifice (which is in a remarkably fine state of preservation) is to be offered for sale by Mr. H. J. Bkomley, at the Mart, E.C., on the 26th instant. It contains numerous rooms and fully matured grounds of nearly an acre, having two frontages of 135ft. and 267ft. available and fully ripe for building purposes. We may add that the mansion was once the residence of Lord Chancellor Thurlow—the ill-bred nobleman who is said to have told the queen of England, when she asked him a simple question, to mind her own business.” Thurlow was the owner of large possessions in the neighbourhood, and built a very fine mansion at Knight’s-hill, which he never occupied. The association of the Chancellor with the district is perpetuated by the title of many a thoroughfare hereabouts.
matter !themselves. The property was soon afterwards sold by Messrs. Motion to a Hr. Mill's for £15,650, and. as soon as the plaintiffs were informed of the transaction they communicated with the defendant, informing him chat inasmuch as they had introduced the property to Messrs. Motion they were! entitled to their commission. The claim, was disputed, hence this action.
Mr. Ftrank Telfer, senior partner in the plaintiff firm, gave evidence bearing out the above factsi
Cross-examined: It was not a fact that tb e arrangement made between him and the defendant ait the first interview was that he was to get two per cent, commission if he sold the property for £17,000, and on any less sum. It was usual to accept a lower rate of commission under such circumstances, but in this instance nothing was said about the property being sold for less than £17,000.
Mr. W. J. Mills, hotel proprietor, stated in evidence that he purchased the hotel for £15,650, through the introduction of Messrs. Motion, whom he had employed to find him a house. Messrs. Motion !had been acting for him ever since he had been in business. Thej brought the house under his notice some rime in the early port of April, but he could not give !the exact date.
His Lordship : Tour memory seems to be rather defective. Do you mean to say that yen cannot !tell when it was you were informed by Messrs. Motion that the hotel was for sale?
■Witness: No, I cannot. I have burnt all the letters.
His Lordship : If you were considering this house at all, you would naturally want to know all about it. You would want what are commonly known! as particulars.
Witness: I do not know what you mean by particulars.
Mir. Dickens: What! you an hotel proprietor, and you do not know what is meant by particulars—the rent, term of lease, outgoings, etc. ?—Messrs. Motion mentioned the fease°and the outgoings, when !they first introduced the property.
Mr. Dickens:	When was that?—I don’t
know.
Did you, at the first interview, ask them to furnish you with additional particulars ?—Yes.
Did you ask them to get you a complete list of the outgoings and the working expenses?— Yes.
Did you also ask them to find out the terms of the first mortgage?—I believe so.
Cross-examined : Witness requested Messrs.
THE SALE OF A MARGATE HOTEL
CLAIM FOR COMMISSION.
[Specially Reported for the Estates Gazette.]
In the! Queen’s Bench Division, on Thursday, before Mr. Justice Wills and a common jury, an action was heard in which Messrs. Warlters, Lovejoy and Telfer, public-house brokers, auctioneers, and valuers, 9, Soutliampton-street-, W.C., sought to recover from Mr. George Marshall, Bickenliall-mansions, Gloucester-place, W., formerly owner of Fagg’s White Hart Hotel, Margate, the sum of £313, alleged' to bo due to them on the sale of the hotel mentioned.
Mr. Dickens, Q.C., and Mr. C. C. Scott were for the plaintiffs; Mr. Lawson Walton, Q.C., and the Hon. Alfred Lyttelton, M.P., for the defemdtat.
According to the plaintiff’s case, the defendant, Mr. Marshall, had an interview with Mr. Telfer, the senior member of the firm on February 28, 1898, and instructed, them ■to sell Fagg’s White Hart Hotel, Margate. The price mentioned was £17,000, and it was arranged׳ that the plaintiffs should receive a commission of two per cent., and their out of pocket expenses. They subsequently advertised the property for sale by public auction, at the Masons’ Hall Tavern, and on March 3 received a letter from Messrs. James׳ and Sidney Motion, pu'blic-house brokers, of Moorgafe-street, asking for particulars, and in reply a printed circular was forwarded giving fuff particulars, including the term of the lease, returns, etc. Messrs. Motion soon afterwards telephoned for further information and the terms Of the first mortgage. The hotel was submitted to auction at Masons Hall Tavern, on March 29, but there was no offer. The defendant gave the plaintiff fourteen days more in which to find a purchaser, and at the end of that time he withdrew their retainer, and asked for the return of all books, balance-sheets, etc. The plaintiffs afterwards sent in an account of their out of pocket expenses, which were paid. On April 14, the defendant received a letter from Messrs. Motion informing: him that they had a, client who wished to purchase the property, and was desirous of knowing the net profits and outgoings. In rtplv, the defendant wrote informing Messrs. Motion that he had׳ taken the property from the plaintiffs’ hands, and withdrawn it £rom sale, but if the client referred to had not been previously approached by the plaintiffs, there was nothing to prevent them taking over the
MAPLE and CO , Ltd., Tottenham-court-road, W., and at Brighton and Eastbourne.
Clayton, Sussex—The Clayton Priory Estate, 257a.
3r. 8p., E	„
Brighton, Sussex—22, Sussex-sqnare, F
THURSDAY 15th.
F. J. BISLEY and SONS, 68 and 80, Umon-road, Botherhithe, S.E., and 63, King William-street, E.C.
Peckham—88, Tilson-road1, L New Cross—51 and! 53, Wood,pecker-road, L R. STAFFORD CHARLES, S2, New Broad-street, Hampton, Middlesex—Lower Sunbury-road, Five Residences and Plots o£ Land, E CHESTERTON and SONS, 22, Lower Phillimore-place, Kensington, W., and 51, Cheapside. Barnes—Hillersdon-avenue, etc., Two Plots of Land,
F
Kensington — 1, Stafford-terrace; 10, Cromwell-crescent; 16, Harcourt-terrace, L STIMSON and SONS, 8, Moorgate-street, E.C., and 2. New Kent-road, 8.E.
Kennington—Finchley-road׳, etc., IGR of £43 7s. 6d. Holloway—5, Kinloch-street; 70, Goodmge-road; 5, Gorporationrstreet, L Peckham—43, Marmont-road, L Regent’s-park—61 and 63, Gloucester-road, L Marylebone—34 and 36, Hereford-street; xl and 12, Union-street, L
Stratford—16 to 26 (even), Tenby-road, L Victoria Docks-Olyde-road, FGR’s of £100
FRIDAY 16th..
JOSHUA BAKER and SON, i, Quex-road, Highroad, Kilburn, N.W.
Finchley—East-end-road, Hertford Lodge, and 2| acres, F
J. H. BETHELL, 31, Liverpool-street, E.C., and Upton-park, E.
TJpton-park—9 to 12, Stanley-terrace Forest-gate—58, South Esk-road, F Leyton—97 to 105 (odd!), Park-road; 24, 25 and 26, Leyton-green-road, F; 40 to 54 (even), Gower-road; 35, 37 and 39, Elmhurst-road, L Manor-park—1, 2 and 3, Clarence-road, L W. H. BROWN and CO., 93 and 91, Chancery lane, W.C.
Leatherhead, Surrey—Kingston-road, FGR of £40 Finchley—Lambert-road, FGR of £15 MESSRS. COBB, 53, Lincoln’s-inn-fields, W.C., and Rochester, Kent.
Hounslow, Middlesex—The Whitton Park Estate, 45a. 2r. 20p., F
FURBER, PRICE and FURBER, 2, Warwick court, W.C.
Bayswater—68, Princes-square, L Ealing—23, Mount-park-erescent, L
J. HIBBARD and SONS, 9, Walbrook, E.C., Stoke Newington-green, N.. and Hoe-street, Walthamstow.
Cheapside—2, Hart-street, L Lewisham—4, Walerand-road, L Sydenham—33 and 35, Champion-park, L Harringay—66, Burgoyne-road, L Catford Bridige—Faversham-road, a Parcel of Building Land, F
MARTIN, CLARKE and CO., 8, Maddox-street, Regent-street, W
Thundersley, Essex—Badger Hall Estate, 31 acres, F NORRIS and HADLEY, 3, Argyll-place, Regent-street, W.
Acton—Berrymeadegardens, Zeals, F
RANDALL, COX and BAKER, Park Hall Estate Offices, East Finchley, and Railway-approach, North Finchley, N.
Finchley—82, Leieester-road; L W- G- SHADRAKE, Leyton, E., and Barking, Essex.
Hoxton—76, Herbert-street, L ANDREW YOUNG, Spring-gardens. S W.
Deptford—Creek-road, The Letting of 27 Plots of Land (unlet)	.
Hammersmith—Wood-lane, The Letting of a Plot of .
Islington—Bla^kstock-road, The Letting of 12 Plots i of Land/ (unlet)
FURNITURE, PICTURES, BOOKS, ETC.
JUNE.
MONDAY, 19,—By Sotheby, Wilkinson and Hodge, at their rooms. 13, Wellington-street, Strand, W.C., at 1 o’clock - Antique and Mediaeval objects, etc.. and three following days.	. _	.
TUESDAY, 20.—By Geoige Gouldsmitb, Son and Co.. 2 Pont-’street. Belgrave-square, S.W., at 36, Elm-park-road, Chelsea, at 1 o’clock—Furniture, etc., and following day.	. „ .	_	״ .
By Mnllett, Booker and Co., Albion House, Hyde- .
park-square, W. (in conjunction with Jones, Lang
and Co., 3, King-street, Cheapside, E.C.), at 32, Hyde-park-gardens, W., at 12 o’clock—Furniture, j etc
By Burley and Brackenbury, 49, Broadway, Ealing, W. at Thorne’s Depository, Baker’s-lane, Ealing, W.’, at 2 o’clock—Furniture, etc.
Bv Phillips, Son and Neale, at their rooms, 73, New Bond-street, W., at 1 o’clock—Silver plate, etc.
By Hampton and Sons, 1, Cockspur-street, S.W., at 33 Devonshire-place, Portland-plaee, W,, at 1 o’clock—Furniture, etc., and following day.
Bv Garland, Smith and Drake, 18, Davies-street, Berkeley-sqnare, W., at 31, Portland-place, .W., at 1 o’clock—Furniture, etc.
Bv E and A. Swain, 26, High-street, Notting-hill-gate, W., at 12, Campden-hill-square, at 12 o clock
Bv G^A. Wilkinson and Son, 7, Poultry, E.C., at 84, Westhourne-terrace, Hy de-park, at 12 o clock— —Furniture, etc., and following day Bv Puttiok and Simpson, at their rooms, 47, Leicester-Kiuare. W.C., at 1.10 o’clock—Antique silver, etc.
_ E I״. , '	! ___A	9 Diiiinn Vifit.nvifi.flt.rAe
Bv Richardson and Barton, 3, Queen Victoria-street,
"J, q x inn m —,V,״xnnH Q W qt, 1 nVlnrtV—Piir-
CUaiQSOU UliU -Dill bUJJ, U,	’
״ ״ at 169, Clapham-road, S.W., at 1 o’clock—Furniture, etc., and following day.
Bv Messrs. Hodgson, at their rooms 115, Chancery-lane W.C., at 1 o’clock—Miscellaneous, Books,
Bvt0Tooth and Tooth, at their rooms, 187 and 189, Oxford-street, W., at 12 o’clock—Furniture, etc.
WEDNESDAY. 21.—By Robinson and Fisher, at their rooms King-street, St. James’s-square, at 1 O’clock-Pictures, Drawings, etc.
By Frederick Warm an, 66, Chancery-lane, W.C and Scencer House, Bigbury-corner, N., at 5, Balfour-road, Highbury, at 1 o’eloek-Furniture, etc.
THURSDAY, 22.—By Robinson and Fisher, at their rooms, King־*tieet, St. James’s-square, at lo clock —Furnituie, etc.	_	+ oan n״™
By Allan Booth, 284, Camden-road, N.,at 260, Cam-den-road, N.W., at 1 o’clock-Furnitnre, etc.
FRTDAY 23 —Bv Hampton and Son, 1, Cockspur-street, at 69, Harcourt-terrace, at 12 o’clock—Artistic Furniture, etc.	.. .
Bv Tooth and Tooth, at their rooms, 187 and 189, Oxford-street, W., at 12 o’clock-Furniture, etc.
Bv Wreford and Harding, at their rooms, 44a Wilton-road, Victoria Station, at 6.30 o clock— Furniture, etc.