APPEAL DISMISSED

Dominion, Volume 34, Issue 181, 29 April 1941, Page 9

APPEAL DISMISSED

Land Agent To Get

Commission

The Chief Justice (Sir Michael Myers), in the Supreme Court, Wellington, yesterday, heard an appeal by George Joseph Bell, Petone, taxi-proprietor, against a decision by Mr. Stilwell, S.M., in the Magistrates’ Court, giving judgment ior £55 in favour of William Butler, Wellington, land and estate agent, for commission due as agent on the sale 'of Bell s taxi business, book exchange and lending library, at 364 Jackson Street, Petone, to A M. Walling, on Or about • September 9, 1940. Mr. K. E. Harding, who appeared lor Bell, said there was no evfdence of any contract of agency between Bell and Butler, and he contended that Butler acted for Walling and found the business for Walling. There was no evidence of any agreement to remunerate Butler. Mr. T. P. Cleary, for respondent, said that the magistrate had found that appellant had recognized respondent as bis agent. There was evidence that appellant had appointed respondent his agent before I he signed the contract. i The Chief Justice, in dismissing the appeal, with £5/5/- costs, said he did not 1 think the magistrates’ judgment could be I displaced. Bell must be presumed to i know what lie signing, a,nd he could I not see how he could avoid liability for ] remuneration to the agent. There was his document, and he had only himself to blame.