The Express.
London, England, 1855-07-25 00:00:00

sugratow am) ANOTZIIt V. WEIL

Mr. M. Caesars, Q:C., and Mr. Jambs were mussel for
the plaistilb ; Mr. Bovill,Q.o , appeared for the defiradent.
Mr. Ckambeds, is cassias the case, said that the plaintiffs
I carried ors as 'utast,' Maness is London as clerical athaU,
and were engaged is negotiating the sale of preferments is the
church. It was no art of his duty to dismiss the propriety
of proceedings of this deeeviption, but it was obvions that
they were of a coolidestial ad important character • aid
itsobject of the present action was to recover frond the
defendant, who was i a banister, the scat of 7601.,
that bolas the amount of commission at eve per
mat. Apes the sale of a living at Ides, in
this county, beaconing to the defendant. He should
show that the plaintiffs had ban regularly and distinctly re
tained by the defendant to at as his agent to obtain a pur-
chaser for the advowson of the living in question, and
although, In consequence a the defendant having, mush to
their surprise,
ally himself megotiatrd the sale, they
had, wit ampleted the tratnaction, yet he should prove
that they had takes all the steps in their rower to procure
a anheen, ad Ite,ed, so doubt, Imo. thoceeded but far

the stop lakes by the diehisdaae, sad therefore they were
equally estitled to their assunissios. The loaned salami
proceeded to state that about the same peeled Oboe *With
oegotiated the sale of another living bdsagin427 the do-
, feadaat fur the sum of three thousand pees mad they
wen oompeled to bring an action to resew t ermaseis-
- Cons in that trasmaetion. He did not know what defence
was to be set up oe the present °cession, but he mid he ars-
, preload's! that adulator* would be taken of the mailden-
dal sad peculiar character of the muscling to robe a dd.
&malty with regard to any services having been perforood,
es sesout of the oatmeal delicacy that sailed to mentioning
sump in such traasaetions. If, however, the plaintiff
should be compelled to do so, he would be ready to produce
his letter books, and mention the names of all the parties
with whem-b• bad-bees in ctommonicstion upon ties subject
of the sal* of the living in question, and there could then be
so doubt that he was clearly entitled to the sum he now
'ought to recover.
lir. John Simpson, one of the plaintiffs, was then Ina-
mimed. He said that be and his eon carried on business u
cereal 'gents in Bt. Switbin's lane, London. In Augut
of last year he caused an advertisement to be inserted in the
Timm, to the effect that be could tad a purchaser for the
advance of a lining, and shortly afterwards he realised a
reply to it from the defendant, stating that he had a living
for mils which he thought would meet the terms of the ad-
vertisement. He subsequently had an interview with the
defendant, and asked him to give him the partioca,n of the
living he had to dispose of, in meadow', and he told him
that he mould submit them to their client, who was also a
personal friend. The defendant then informed him, that
the living was that of Ides, near Rye, is Bowes ; and he
stated eau farther particulars, which whom promised to
esseranaleate to their client, and to inform him of the
result. At this interview be told the defendant that cum
llet not perhaps suit their client, but that it it did not, he
ia2 no doubt that they should be able to sell the Fisher, and
they should be happy to do so, provided it bad not bum is
the hands of any other agent. The defendant wished
to know upon what terms they would act, and
he Wormed him that their ordinary chugs was
an entrance fee of throe guineas at the sow
monument of the traseaction, and a commission of 6 per
cent. upon the moon of the purchase money, payable
upon the completion of the contract of sale. l'he defen-
dant objected to any payment until something undone, and
wham agreed that tie entrance fee should not be charged.
He they said that 5 per oat. commission was an morrows
sharp, and upon the estimated value of the living, which
was put at 16,0001., it would amount to 7601. They had
some farther conversation upon the subject, and in the
tune of it he told the defendant that all their business was
dose privately and confidentially, and that Blither his name
nor that of the liviag was to be mentioned to any ono but a
bona fide purobuer. The defeatism% wished to know
whether they charged the 6 per cont. commission to both the
seller and the purchaser, and he told him they did, upon
which he remarked that the amount they would receive
would be 1,6001. Witness said it was a large sum certainly,
bat Sleekest matters were troublesome matters generally,
and very frequently, after they bad taken a groat deal of
trouble in negotiationj, went off altogether, so that they
wars obliged to chugs large fees to remunerate themselves,
and tha defendant up length consented to the pro-
posed hums. Witness then said to the defendant,
Let us have • elm, nadentanding that this mat-
tar has not born is the .market before, or in the
hands of any other agent" and he replied, " To be candid
with you, two years ago I put it in the hands of an swot
near Bloomsbury-square, but it was not sold, and nothini
farther has been done." The defendant subeequently wrote
to him,staling the particulars of the living, which be valued
at 1,0461. per annum, end the prise at which it wasto be
sold Wig to be 16,0001. Witness communicated with his
client, who, however' died, and he informed the defendaat
of that fact, and also stated that he had no doubt he should
be able to And some other purchaser at the same price. la
December the defendant came to his Aloe, and he then in-
formed him that he had obtained • purchaser for another
Bang he bad to dispouof, in which be brother was in-
terested, for 3,0001., aid he at the same time told him that
a solicitor had jut left him who was in treaty for the pur-
chase of the living of Idea for a client. The defendant upon
this occasion told him that he had sold the living, subject to
the life of the puma% incumbent, sot for 16,0001., but for
a less sum, end he said be was coming up to town that day
week to remise the purchase money, and vitae= eapreseed
his surprise that he should het,sold it under such dream-
stances. He said he bad made his best exertions to sell
the living, and he would no doubt have succeeded, as it
was a very good Heim and worth the money, U the de-
fondest had sot disposed of it himself.
Mr. Chambers having intimated that he had no farther
*vides., to adduce on the part of the plaintiff,
Kr. Bovill submitted that there was nothing to go to the
jury. It was the ordinary case of • conditional undertak-
ieg to pay a certain amount of commission providing a cer-
tain service was performed. If he had sold the living, the
plaintiff was entitled arta, commission. He bad not sold
it, sad therefore he was not entitled to make any delis.
Mr. Chamber,' called his lordship's attention to the form
of the contact, and urged that there had been a wrongful
revocation of the sooteset by the defendant himself the-
poetise( the, living. i
Kr. Julie. Cromwell said he did not oonsirler that this
masuatod to • wrongful revocation. The defendant had a
right ta sea the living, sad he bad done so. He was not
very IPA impasiatod with this clerical agency Outflow, but
It aggingosill ft be a vary good use • it amounted to a sort
soossmiso duty of aorta. cone between strangers' and
be thsagbli the Chaacellor of the Rachequer ought to have
an eye apes it. (A lases.) It appeared to him that it
was oleselbat where there wen such large profits thou
must dowse be oche risks, and that a claim could not
be made for °mullein unless the sale was as.
Sully aeptistad. He then said he would suggest,
oith a dew M t further litigation, that the jury
should be gsisd is may what they coaddet ed a reasonable
onassal IND 1101111,1111111 dot for the servile that had been per-
famaematribl lama Wannolit should be entered, with leave to
shemow 'list a verdict to be catered for them
for asieuat.
opitesßuill raid he would rather have his Weald's's
at ones.
Kr. Justice Cromwell apes this said -he was of opinion
that the plaintiff had sot made out his ease, and a Dassault
was soaseqautly entered. • .
NORFOLK CIRCUIT.—XAMMUDOZ, JULY 24.

0001111 V. /LAD&
Mtn mu reporter's Wool left is Koadey night, this
pass assio to an abrop%troissilesista. Boron Parke said the
payniest of travelliag rinpeases was slowly bribery, sad that
the plalatiff had pood*aid ',Meows that the paymsat
*harlot was by defendants improve authority. It wee they
wersursi. that, subject to a bill of inceptions, a verdict
silted& be Oren for the plaintiff, for two penalties (he under
taking to aesopt one coil), sad that as to the other issue
the jury should be discharged.
The offset of this deoisioa is, that (solsject to the review of
a Court of Irror, sad ultimately the House of Lords), the
mania of any travelliog expenses of voters is declared