A SECOND APPEAL

Dominion, Volume 14, Issue 249, 15 July 1921, Page 5

A SECOND APPEAL

DISPUTED CLAIM FOR COMMISSION. The Court of Appeal yesterday reserved its decision in the case Harry Grant, hotelkeeper, v. Fred Fanning, land agent, relative to a claim for commission. On tho bench were Their Honours Mr. Justice Sim. Mr. Justice Hosking, Mr. Justice Stringer, and Mr. Justice Adams. The litigation has been, prolonged. Tho case was first heard in the Magistrate’s Court, before Mr. W. G. Riddell, S.M.. who found that Fanning (tho plaintiff in ‘the lower court) was not entitled to commission, the amount claimed being .£l5O, for alleged services in connection with the uncompleted sale of Grant’s hotel. His Worship held that the agreement between the parties was defective. and therefore not binding. His Honour Mr. Justice Reed heard Fanning’s appeal in the Supreme Court, and allowed it on the ground that the contract in dispute was not indefinite, and that, in any case, action for breach of contract could have been brought against either party refusing to complete. the transaction. The Judge, in addition, remitted the case to the Magistrate. The second appeal was brought by Grant, who contended that Judge Reed’s decision was erroneous in fact and ]aw. Yesterday. Mr. R. Kennedy appeared for Grant,’ and Mr. W. Perry for Fan- • ning. Legal argument was heard dur- • ing the morning.