SALE NOT COMPLETED

Evening Star, Issue 19290, 1 July 1926, Page 7

SALE NOT COMPLETED

BUT ABEHT WARTS COMMISSION

Whether an agent who merely introduces a buyer to a property, sets about arranging finance, and does not himself complete tho sale is entitled to commission if the buyer acquires the properly through another agent is a question that tho magistrate has to decide iu a ease at present before tho court.

Before Mr J. R. Bartholomew, in the Magistrate's Court, Percy William Curtis (Mr King) proceeded against a woman named S. Villiers (Mr E. J. Anderson), claiming £45, set out in the statement of claim as chamber of commerce commission on the sale of defendant’s dwelling, shop, and grocery business, sold by on behalf of defendant to S. G, Grilhth for tho sura of £9OO.

Jn evidence, plaintiff said that this property at Sawyers Bay was placed in his hands for salel Ho duly advertised it, and received a reply from Griffith, in Invercargill. When Griffith arrived in Dunedin plaintiff took him to see fbo property, and he expressed an intention to buy it. Plaintiff set about arranging finance, the buyer promising that he would go to no other agent. Plaintiff accepted his word in that, knowing that he had been a minister of religion. The Easter holidays intervened; but plaintiff had himself decided to guarantee the balance of finance required, and that plan had been approved by Mr E, J. Smith, '*ith whom the finance, was being arranged. Later he learned that Griffith had bought tho property through N. and E. S. Paterson. Ho was tho first to introduce the buyer to the property. Witness was cross-examined by Mr Anderson. He affirmed that, though the salo agreement was never m writing, the finance had been definitely fixed up by him. In reply to other queries he said ho knew that other agents had the property on their hooks before ho did. Hia plans as to tho money side of the deal were altered by Griffith telling him after negotiations had been in progress a while that Tie had been promised assistance by his sister, who was ‘ worth a thousand or two.’

Edmund James Smith, solicitor, said there was no doubt that the finance had been arranged, for witnem was prepared to finance it on tho strength of Curtis’s personal guarantee. The case was proceeding this altcrnoon.