CLAIM FOR COMMISSION.

Auckland Star, Volume LX, Issue 83, 9 April 1929, Page 5

CLAIM FOR COMMISSION.

SALE OF TIMBER RIGHTS,

COURT AWARDS AGENT £100

Mr. Justice Kennedy awarded £10ft damages in the Supreme Court yesterday to Frank Kay-Stratton, commission agent (Mr. Inder) in his claim foj; £1000 against Robert Gilmer, retired hotelkeeper, Auckland, and John Collin3, farmer, Otahuhu (Mr. Northcroft). Plaintiff claimed the sum as due to him by defendants on the sale of certain timber rights on 3500 acres of land in the Thames district. He asserted that he had two authorities to sell. Defendants claimed that the words purporting to confer a sole agency on the plaintiff, Frank Kay-Stratton, did not appear in the document signed by them, and which was put forward by the plaintiff as first genuine authority. The defendants alleged that such a statement had beea added after signature and without authority. His Honor said he was satisfied that the earlier authority had been previously cancelled. "When the defendants negotiated with Parker Lamb and Co., Ltd., they, in fact, accepted and received the benefit of work which F. Kay-Stratton and Co., Ltd., and particularly that Bert Collins, acting for the company, had, as contemplated, actually done. Thus they must pay a reasonable remuneration for services rendered,*' said his Honor. "Having regard for the fact that the mixed timber remained unsold, and that the greater difficulty would be the selling of mixed timbers with kauri, I assess the value of services accepted by the defendants at £100."