LAND AGENT’S CLAIM

Dominion, Volume 14, Issue 218, 9 June 1921, Page 5

LAND AGENT’S CLAIM

SALE OF KARORI PROPERTY.

Yesterday morning Mr. Page, S.M., was occupied in hearing a case in which Keith Marshall, of Wellington, land agent claimed to recover from John Raine', of Wellington, clerk and shopkeeper, and J. G. Raine, of Wellington, settler, the sum of 4136 ss. The plaintiff alleged that he was authorised to sell a property at Karori by John Raine, and found a buyer, and a binding contract of sale was entered into. It subsequently appeared that J. G. Raine, the lathei, was the owner, and he declined to conplete the contract on the ground that the terms were not such as ho had authorised. The authority to sell given to the agent authorised him to sell a dwellinghouse and shop and certain land and the contract arranged by the agent followed in exact terms the authority to sell. It subsequently appeared that a part of the house was not upon the land described, end tho buyer _ and seller agreed to the contract being cancelled and entered into a fresh arrangement, and the defendants declined to pay commission. '

The Magistrate held that the commission agent had carried out his instructions, and had procured a contract for the sale of land that he was authorised to sell, and it was not the agent’s fault if .the owner had made a mistake as to the land which he intended to sell. The commission agent was entitled to his commission when he had sold the land which the owner had authorised him to sell. The Magistrate accordingly gave judgment for the plaintiff as against the defendant J. Gv Raino for the amount claimed with Court costs and expenses amounting to JE6 Us., and nonsuited tho plaintiff as against John flame, but without costs, as ho had fairly carried out what he had been authorised to do by lus father. _ , At the hearing Mr. R. Kennedy appeared for the plaintiff, and Mr. D. G. Jackson for the defendants.