SECTIONS AT OTAHUHU.

Auckland Star, Issue 291, 9 December 1925, Page 10

SECTIONS AT OTAHUHU.

COMMISSION IN DISPUTE. I A dispute over a land agent's claim for commission was heard yesterday at the Magistrate's Court by Mr. F. K. Hunt. S.M. William John Tait, farmer, of Avondale (Mr. Coates), sued James .Malachy McVeagh, land agent (Mr. Fleming), to recover the sum of £144 10/6, alleged to be due in connection with the sale of land at Otahuhu. The plaintiff stated that lie placed 13 sections at Otahuhu in defendant's hands as sole agent for sale, and it was agreed that, if defendant sold aiyhe sections, he was to receive as commission all the purchase money above certain . agreed prices, but if all the said sections were not sold by defendant, then the defendant was only to get the usual lawful commission. A was entered to recover £50 as commission alleged to be due. It was stated by Mr. Coates that . eight out of the thirteen sections were sold, and plaintiff was left with the five worst on his hands. The defence was that the agent was entitled to .receive all money above the prices agreed upon, also that what had been retained by the agent was perfectly legitimate. Mr. Hunt: It all depends what the words "Free of commission" mean in the agreement. Mr. Fleming: Those words entitle the agent to keep everything above the upset prices. His Worship: Even if only a few sections were sold ?—Yes. Mr. Coates: The word "commission" must mea,n the usual lawful commission and the agent is trustee for the plaintiff for everything above that. Decision was reserved.