CLAIM FOR COMMISSION

Dominion, Volume 18, Issue 178, 22 April 1924, Page 13

CLAIM FOR COMMISSION

An interesting question as to the right of a commission agent to claim commission was involved in a case heard before Mr. Riddell, S.M , in the Magistrate’s Court. Plaintiff was E. 0. Hotter, land agent, and defendant, Evelyn McDonald, of To Horo, farmer. Mr. Kennedy appeared for plaintiff and Mr. H. E. Anderson for defendant. In the statement of claim it waa alleged that defendant authorised plaintiff to sell for him a property at Island Bay, agreeing to pay a commission of £25. The authority given was expressed to be sole agency for a week. Plaintiff claimed that he advertised tho property and concentrated bis efforts upon tho sale and brought the property to the notice of a buyer. Ho transmitted to his principal a few days before tho termination of his agency an offer, and the day before the agency terminated the owner, it was alleged, telegraphed; declining tho offer but went thereafter direct to the proposed buyer and concluded a contract with him. For the defence it was alleged that prior to tho owner placing the property in tho land agent’s hands he had been in communication with the man who ultimately became _ tho buyer, and it was alleged that he had not received correspondence disclosing this man as the proposed buyer until after he had come te Wellington and himself fixed up a sale. After hearing considerable evidence tho Magistrate reserved his decision.