BUILDER'S CLAIM SUCCEEDS.

Auckland Star, Volume LVI, Issue 281, 27 November 1925, Page 9

BUILDER'S CLAIM SUCCEEDS.

A dispute regarding a house at Point Chevalier came" before Mr. F. K. Hunt, S.M., at the Magistrate's Court. A. Trewick (Mr. W. E. Ward) sued F. Kay Stratton (Mr. Fitzherbert) to recover £00, amount claimed to be due as working commission. Plaintiff stated that on or about November 1, 1924, defendant agreed to pay £85, in addition, when the house to be erected by plaintiff for defendant was sold.

The house cost £600. and was sold in June for £1100, but witness had hot yet been paid the f<ss. In answer to Mr. Fisherbcrt, plaintiff eaid lie was told the section on which the house was built cost £150. He lost £27 on the contract. Although he signed an agreement to erect the house for f<soo, lie was also to get another £Go from Mr. Stratton when the place was sold. He had received the £600, but not ttte £65.

A former salesman of defendant stated that Mr. Stratton told him that plaintiff was to build the house for £(St)O, and was to get also the builder's .commission of 10 per cent when the house was sold. The defence was that there was a deiinite contract to build the house for £600, and no agreement to give the extra £65. Plaintiff had been'duly paid the £600 under the contract.

Defendant said the first he heard of the £05 was after the house was completed. Plaintiff said he thought he could sell the house, and witnees replied, "If you do I will give you the agent's commission." Plaintiff, however, did not sell the house.

Mr. Hunt said there had been a contract to build this house for £600 and plaintiff said he was to get another £65 when the house was sold. That state ment was corroborated. Judgment was given for plaintiff for the amount claimed, with costs.

Costs of appeal were fixed at £15