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- Llandrillo and Eirias United…

Libel Action Against a Welsh…

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Llandudno Auctioneer's Action Against a Chester Brewery Company. Sequel to the Sale of an Hotel. .OEFORE a special jury at the Carnarvonshire Assizes on Monday, E. O. Parry and Sons, auc- tioneers and estate agents, Llandudno, sued the Chester Northgate Brewery Company Limited, with Messrs Ind, Coope, and Co., brewers, join- ed as a third party, to recover £ 127, being ba- lance of commission upon the sale of the Stanley Hotel, Llandudno. Mr Trevor Lloyd (instructed by Messrs Pritchard, Henderson and Co.) appeared for the plaintiff; Mr Montgomery (instructed by Messrs J Birch, Cullimore, and Douglas), for the defend- ants; and Mr Moss, M.P., (instructed by Messrs Chamberlain and Johnson) for the third partv. The plaintiff's counsel said that the transac- tion occurred so far back as 1899, and the claim was based upon a contract partly constituted by letters, and an agreement afterwards entered upon between the three parties in October, 1897. Mr Kemp, who was then managing director of the defendant company, accepted the plaintiff as their agent for the sale of the Stanley Hotel. fixing his commission at 2% per cent provided he sold for £ 7,900, whereupon the plaintiff re- plied that if he received £ 6,900 the defendants ought to be in a position to pay 3^ per cent, Messrs Ind, Coope, and Co., became the pur- chasers for £ 6,500, and their district manager, Mr Mayor, had an interview at Chester with the plaintiff, and Mr Kemp, when the plaintiff agreed to accept a commission of £ 200 to be paid in equal proportions by the vendors and the pur- chasers. Mr Kemp demurred to pay half, but agreed to pay £5°. Though the purchasers paid their share at once the defendants had not paid the plaintiff one farthing. Counsel added that the transaction resulted in a profit of £ 3,000 to the defendants. The plaintiff having given evidence in support j of counsel's opening statement, Mr James Mayor, manager for North Wales of Messrs Incl, Coope, and Co., gave his recollection of the transaction, which wasthatMr Kemp promised to recommend his directors to pay Mr Parry £5° in addition to what Messrs Ind, Coope, and Co., would pay him. Mr W. H. Owen, auctioneer, Carnarvon, 'gave it as his opinion that 3^ per cent was a fair and just commission. Mr Montgomery, for the defence, contended that there was no claim for Lso on the plaintiff3 own showing. Mr Marshall, secretary of the Northgate Brew- ery, Chester, gave evidence for the defence. The witness read a portion of a report by Mr Kemp, which was to the effect that the Stanley Hotel was sold to Messrs Ind, Coope, and Co., for 'Z6,soo net, Messrs Ind, Coope, and Co. pay* ing thecommision. Mr Kemp had denied hav- ing made any promise. Cross-examined: Mr Kemp had authority to sell for £ 6,700, but actually sold for less. At the conversation referred to Mr Parry objected to sign the award until he was paid £ 50. The jury awarded the plaintiff £ 50. I Remarkable Development. At the opening of the court on Tuesday, Mr Montgomery said he must ask his lordship for judgment for the defendant in spite of the verdict of the jury. He was sorry his friend] Mr Trevor Lloyd was not present. His Lordship intimated that Mr Trever Lloyd had seen him, and had said he would address him at Beaumaris. Mr Montgomery said he could not be at Beau- maris, whereupon his lordship suggested Mold. Ultimately, on the suggestion of Mr Moss, M.P., his lordship consented to take the case at Chester, when the whole matter could be entered into. Mr Montgomery then raised the question which had been adjourned from the previous heari1197 namely, whether, under the agreement between Messrs Ind, Coope, and Co. and the Chester North- gate Brewery Co., the former were bound to in- demnify the latter for the amount of commission. After further evidence, his lordship held he could not settle the matter without evidence. He could, therefore, only let the whole matter stand over for hearing at Chester. It would not be taken the first day. This concluded the business of the assize.

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