LAND COMMISSION DISPUTE.

Auckland Star, Volume XLVII, Issue 209, 1 September 1916, Page 3

LAND COMMISSION DISPUTE.

CLAIM AXD COOTER-CLAIM. The case in which Jforman GLUard Gnbble, trading as X. G. GribWe and Co., land agent (Dr Bamford), sued John Kemp, farmer, of Auckland (Mr J. R. Reed, K.C., and -Mr W. A. Anderson), for a sum of £409 10/ alleged to be due as commission in respect of the exchange of a farm of 1032 acres at Tβ Puke belonging to defendant, was continued before Mr Justice Cooper at the Saprenie Court yesterday afternoon. A counterclaim lodged by defendant contended that he was entitled to one-half of the commission earned bj plaintiff in regard to the disposal of the property! while it was further stated that £150 15/6 had been paid into court, sufficient, it wae contended, to satiety any claim plaintiff might have against defendant. JVfr Reed, in moving for a noneuit, claimed that the agreement wae null and void, on the ground that it had been repudiated by the parties. The judge remarked that it "was clear ] the agreement under the sale had not jbeen carried out. He thought, therefore, that an amendment had better be asked for. Dr Bamford made the necessary technical amendment, and Mr Reed proceeded to open the case for the defence, arguing that any commiseion was only payable on the equity. , Efidonc-e wae given by defendant respecting the circumstances leading to the arrangements made regarding the commission. (Proceeding.)