MOTOR CAR SALE.

Auckland Star, Volume LII, Issue 159, 6 July 1921, Page 12

MOTOR CAR SALE.

OLAEM AND COUNTER CLAIM. A double ease came -before 'Mr. W. R. MeKean, S.M., at the Magistrate's Court, both being taken together. James Toomibes and Co., Ltd. (Mr. J. F. W. Dickson), sued C. H. Bensall (Mr. Broun), to recover £9 15/, balance alleged to he due to plaintiff, as amount paid in excess to defendant hefore he left the employ of the plaintiff company. A cross action was entered by Bensall against J. Toomhes and Co., Litd., to recover £17 15/ commission alleged to be due in connection with the sale of a motor. Bensall claimed to have arranged the sale of a car to cost £1100, and accepted a deposit of £5. As the particular car had to he indented the company did not effect the sale, on the ground that the terms were such as they were not prepared to accept. Mr. Broun contended his client had earned the commission when the order was accepted from him iby his employer. Mr. -MeKean said the order was not completed. In the first case he gave judgment for J. Toombes and Co., Ltd., for the amount claimed. In the second case his Worship said the termß of Bensail's engagement entitled him to 2* per cent commission on a completed sale. In this case, unfortunately for Bensall, the sale had not been completed. A bigger deposit was asked by Bensall's employer, and the prospective purchaser was not prepared to pay it.. It was impossible to hold that Bensall had completed the sale. Judgment would be for tlie defendant in the second case.