CANVASSER & PUBLISHERS

Evening Post, Volume XCIII, Issue 128, 30 May 1917, Page 8

CANVASSER & PUBLISHERS

CLAIM FOR COMMISSION.

An action was heard at the Supreme Court to-day, by his Honour Mr. Justice Hosking and a jury of four, in which Koberfc Angell, Ghuznee-street, "Wellington, sued Johnston, Sons and Co., publishers, Willis-street, W.ellington. -The claim was for £308 14s 2d and interest, commission for services rendered in the sale of a history of the war.

The statement;of claim set forth that on the 10th December, 1914, the plaintiff entered into an agreement in writing with defendant,- whereby plaintiff. agreed to act as the , authorised agent of the defendants. The agreement provided, inter alia, that plaintiff was authorised to take orders for the defendants (on the forms provided for that purpose) for their various subscription books; that plaintiff was to receive by way of remuneration commission at the rate of £10 per centum of the total face value of each good order as secured and accepted by the defendants; that, to ensure the plaintiff devoting his full time to the defendant's (interests the plaintiff was to be granted a .bonus' of £4 for every hundred pounds worth of orders per month and pro rata; that from December, 1914, to the last day of December, 1916, the plaintiff, as the authorised agent of the defendants, Was engaged in canvassing for orders for Caxton's "History of the Great European . War" ; that the history was sold at 10s 6d per volume, and was to be complete in eight volumes. The total face value of each order thus amounted to' four guineas. Plaintiff while engaged as aforesaid .obtained in all 1137 orders. Of this number 26 were pronounced as bad by the defendants; the commission on 48 was to be paid after 1 delivery, and five orders were cancelled. There were therefore 1058 orders, of the total face value of £4443 12s, on which commission was due to the plaintiff. Plaintiff became entitled theveon to commission at the agreed rate of £10 per centum, amounting to £444 7s 2d. Plaintiff similarly became entitled under the agreement 1 to a bonus of £177 15s at the agreed rate. The defendants had paid plaintiff the sum of £313 Bs, leaving a balance in the plaintiff's favour: of £308 .14s 2(3, After the making of the agreement' plaintiff agreed that in liau of ■ receiving the whole commission and bonus lie would accept on account, payment of half commission, and bonuses until the fourth volume^ was ready for delivery, when the whole balance <)f commission and bonuses was to be paid tb« plaintiff. The fourth volume was delivered in October, 1916, and the whole balance of commission and bonuses was therefore payable to plaintiff. Defendants refused to pay tbe commission, wherefore plaintiff claimed judgment for £308 14s 2d, and interest ethereon.

In the statement of defence it was admitted that plaintiff was to receive com-, mission at the rate of 10 per cent, and a bonus of 4 per cent., but it was impossible to say how many volumes of Caxton's "History of the Great European War" would be required, in that the number of volumes and the dates of ■ their publication depended, and still depends, on the length of the duration of the war, and it was spefically set out the war, and it was specifically set out and used by him prior to his-signing the. contract, in canvassing for subscribers tliat the said work might be completed_in less than eight volumes,' and the plaintiff's aggregate remuneration, was r.ecessarily contingent, on the number of volumes published. That so far four volumes had been „ published, and .defendants had paid plaintiff in respect thereof the sum of £327 Os sd, being £238 4s 4d commission on orders, and £88 16s Id by way of bonus, at the rate of £4 per £100. The said payment i>f £26 7s 7d in excess of defendants' liability to' the plaintiff to date, but otherwise the payment was in strict accordance with the terms of their contract with the- plaintiff. Defendants admitted they .would be liable to pay the plaintiff further sums by way of commission and bonus in terms of the contract if and when further volumes shall i have been published, and they were ready and willing to meet their liability if, and as soon as, the same shall have arisen in ' terms of the contract. Mr. A. W. Blair appeared for plaintiff and Mr. P. J. o'Regan for defendant company. (Proceeding.)