SALE OF HOTEL

Dominion, Volume 20, Issue 72, 18 December 1926, Page 10

SALE OF HOTEL

CLAIM FOR COMMISSION SUCCEEDS

Written judgment was delivered bv Mr. W. G. Riddell. SAI., in the Mag’istrate’s Court yesterday, in the case in which Charles Dickinson', land agent, claimed £5O from olin Oliver, hotel-keeper, the amount being commission which the plaintiff alleged the defendant agreed to pat’ him for services as agent in connection with the purchase of a lease of the Alhambra Hotel. Dickinson had introduced Oliver to the vendors of the hotel, and terms were discussed, after which the vendors agreed to accept Oliver’s offer of £6OOO, subject fo his obtaining a Magistrate’s certificate of fitness. The vendors, however, refused to pay any commission, and stipulated that the plaintiff would have to obtain this from the defendant. After some discussion between the parties, the amount was fixed at £5O, and the defendant agreed to pay this to the plaintiff in the event of his completing the purchase of the hotel lease and entering into possession. .Some delay took place before the defendant obtained a certificate of fitness, and during the interval the vendors agreed to sell the hotel to another purchaser. The second- sale, however, was not proceeded with, and the defendant eventually completed his deaL On claiming his commission of £5O, the plaintiff was refused the amount, the defendant stating that he had already paid one commission, and as the plaintiff had no authority in writing from the vendors to sell, he was not entitled to. and could not claim, a commission in respect of the sale. “I am satisfied,” said Mr. Riddell, "that from the evidence tendered, the defendant empjoved the plaintiff to help him to effect the purchase of the hotel lease, and agreed to pay him £5O as commission for bis sendees, and that plaintiff is entitled to recover this amount ufiTess He is debarred by section 30 of the Land Agent’s Act, 1921.” After reviewing authorities on the scope of the section mentioned, .Air. Riddell gave judgment for the plaintiff for the amount claimed, with costs.