LAND AGENT'S COMMISSION.

Auckland Star, Volume LIII, Issue 104, 4 May 1922, Page 4

LAND AGENT'S COMMISSION.

PLAIXTIFF XOXSUITED. Mr. W. R. McKcan, S.M., gave decision j to-day in a case brought by .f. R. Robert. i*on, Ltd. (Mr. tiatenby)" against F. F. j Fabian (Mr. K. Matthews), claim to reI cover £43 17/ commission on sale of a I property. Jt was admitted defendant ! had signed an authority for plaintiff to sell the property, but .subsequently it was sola to one who <lid not deal through plaintiff's firm. The authority signed gave plaintiff right to oorami*j sion if the property was sold while in his hands. Mr. Matthews said his client admitted having signed the authority, but had no idea it was such a stringent one. Apparently just for putting a notice on the property the plaintiff claimed £43 17/. Ho thought perhap* the plaintiff \ was entitled to some little i-otnpenea tion for the work done. He a?kcd the court under the equity and good conscience clause to decide what amount ( should be paid by defendant to plaintiff. Mr. Oaten by sard the purchaser might , never have known the property was for ; *alo had not . pla-irttiff's inotice be*n . affixed to it. Mr. McKean said without going into the merits of the case at all. the license. | of the land agent expired on January 17. and a new on<- was not obtaine'l until February 1 this year. It was quite possible the sale of the property had • been made between those dates, ft was stated that plaintiff heard on the Sth of February that the property was sold. ■Plaintiff was nonsuited with'cost j. "