EXCHANGE OF LANDS.

Auckland Star, Volume XLVIII, Issue 211, 4 September 1917, Page 6

EXCHANGE OF LANDS.

LAND AGENTS' COMMISSION. EFFECTS OF STATUTORY RESTRICTIONS. At the Magistrate's Court yesterday, before Mr. E. C. Cuttcn, S.M_ an important case, involving some arguable questions of law, was opened. Milburn and Co.. licensed land agents (Mr. 11. P. Richmond) suing Francis T. Meyer (Mr. Johnston) for £130, being commission on the exchange of properties between the defendant and the trustees of the McClintock Estate. The transaction in respect of which the commission was claimed was based on an authority to the plaintiffs by which the defendant authorised them to sell or exchange his properties, including all properties held by him at the time the authority was given in August, 1910. or which he subsequently acquired. The plaintiffs arranged au exchange between the defendant, and the McClintoek trustees, by virtue of which the defendant was to take 1.051 acres of land at Lichfield. The defendant subsequently refused to complete the exchange, upon the ground that tbe land was subject to certain restrictions uuder the Land Act Which prevented him from getting the transfer to himself registered, owing to the fact that he already held a considerable area of freehold. Mr. Johnston raised the point, first, \ that the authority to the agent did not specifically define the land with which he was authorised to deal, and secondly, that the agreement between the defendant and McClintock's trustees was unenforceable, owing to the restrictions abovementioned. The cisc was identical with that of I'ellingham v. Bligh. It was claimed that the agents had not procured a binding contract. Mr. Richmond replied with the contention that reference to "all" the property in the authority was sufficiently specific, and that as to the restrictions imposed i by the Act. these did not make the contract invalid: and that any difficulty which Meyer might be in was due to his j own fault or misfortune, and was not j attributable to the agent so as to disentitle him to his commission. His Worship at. 6.15 p.m. reserved his j decision, remarking that the ease was important, and one which the authorities did not appear to absolutely cover.