LAND AGENT'S COMMISSION.

Auckland Star, Volume LVI, Issue 292, 10 December 1925, Page 9

LAND AGENT'S COMMISSION.

A SUCCESSFUL CLAIM. Mr. W. R. McKean, S.M., gave judgment this morning at the Magistrate's Court in a ease brought by Archie Albury Donald (Mr. L. B. Haynes) against David Elder to recover £36 17/6 for commission on the sale'of a property for £1275. His Worship said a cheque had been given for £50 deposit, but the agreement to purchase was not completed, as payment of the cheque was stopped. Plaintiff, having arranged the sale, claimed to recover his commission. Defendant had resisted the claim on the ground of misrepresentation. Mr. McKean said he saw no signs of any misrepresentation. No valid reason had been given why the sale had not been completed. Mr. McKean said it would be ridiculous for him to hold that the agent should be sure that the purchaser would in five years' time be in a position to find the balance of the purchase money. His Worship said the agent had done the work he wks asked to by the vendor, and was therefore entitled to his commission. Judgment was entered for the plaintiff for the amount claimed, with costs. Costs of the appeal were fixed at £10 10/.