A CLAIM FOR COMMISSION.

Evening Post, Volume LXXVI, Issue 142, 15 December 1908, Page 8

A CLAIM FOR COMMISSION.

An appeal from the decision of Dr. M'Arthur, S.M., was heard in Banco to-day, before Mr. Justice Cooper, the parties being Henry Baker (respondent) v. Wm. Ohas. Page (appellant). The facts, according to his Worship's judgment, were not disputed. Plaintiff, he said, received instructions from defendant to sell or exchange his land in Eltham. Plaintiff (Baker) obtained one Peers, and it was arranged by writ ten agreement that defendant and Peers were to exchange their -respective properties as a level exchange, both parties to give a good title to^ their properties, which were to be free, of mortgage or any other lien or encunibrance, and possession to be given, in twenty-one days from the date of agreement. -The commission to be received by the plaintiff ironi the defendant was £50. There was no misrepresentation or concealment on the part of the plaintiff, or defendant, or Peers, but it was found that the last-named could not, according to th.3 terms of the agreement, give a title lo the land to be exchanged. An application had been made by Peers to the District Land Registrar to obtain titles, but that official refused to grant titles on the grounds that the provisions of the Public Works Act as to dedicating roads were not complied with. For this reason the exchange was not effected. Plaintiff now sued v for his commission, but the defendant refused payment, as he had received, he said, no benefit of his services of plaintiff. Under these circumstances was the plaintiff entitled to receive his commission ? His Worship entered judgment for the plaintiff Baker on the ground that the agent was entitled to his commission as soon as he made a binding contract between the parties. Page appealed against the decision on the ground that the contract for exchange was impossible of performance, and that it was illegal. Mr. Beere appeared for appellant, and Mr. Blair for respondent. Judgment was reserved.