CLAIM FOR COMMISSION

Evening Star, Issue 16089, 14 April 1916, Page 7

CLAIM FOR COMMISSION

A DUNEDIN CASE. In the Court of Appeal on Monday, reserved judgment was delivered on a preliminary point of law, which had been argued before their Honors Mr Justice Edwards. Mr Justice Cooper, and Mr Justice Hosking. The plaintiff in the action was Thomas Scurr, land and estate agent, of Dunedin, the defendant being the Chief Justice (Sir Robert Stout). In the statement of claim in the original action, the plaintiff (Scurr) climed' £96 ss, alleged to be due as commission on the sale for £5,000 of a piece c.f leasehold land and buildings in Princes street, Dunedin. The claim was based upon a letter from Sir Robert Stout dated October 20, 1914, upon an offer of the property bv Scurr to the Public Trustee, to whom the land was sold by Sir Robert -Stout (so plaintiff allcced) between October 22, 1914 and April 26, 1915. _ In the judgment of the Court the question submitted was answered in the negative. The Court could not understand how plaintiff could say he was in any wav authorised to act as agent. It was" quite impossible to place such an interpretation on any of the telegrams or letters received by plaintiff. The same decision must have br-en arrived at quite apart from the Land Agents Act. The case was remitted to the Court below to be dealt with, and defendant was awarded'costs in the Court of Appeal on the 'r.vest scale as from a distance.