AGENT’S COMMISSION

Evening Star, Issue 19519, 29 March 1927, Page 4

AGENT’S COMMISSION

SALE OF HOTEL [Per United Press Association.] WELLINGTON, March 29. The Full Court heard a case stated by Mr W. G. Riddell, S.M., and removed by the Supreme Court for the opinion of the Full Court Tho_ appellant was John Oliver, of Wel'ington, hotel proprietor, who was defendant in the court below, and Lie respondent was Charles Dickinson, of Wellington, land agent, who was plaintiff. The fads are tint in June, 1926, respondent introduced appellant to Misses Whelan with the object of purchasing the sub-lease from them of the Alhambra Hotel. An agreement was arrived at for a sale at the sum of £6,000. Respondent had only verbal authority to act for the prospective purchaser. Some delay, however, occurred in the sale on account of the purchaser having difficulty in procuring a certificate of fitness, and in the meantime the property was resold. I'hu, subsequent sale, however, fell through, and further negotiation by appellant completed the sale, and ho entered into possession The vendors refused to pay respondent any commission, and told him to look to the pmv chaser. The purchaser agreed verbally to pay £SO. When, however, the sale was completed, ho refused to pay, on the ground that respondent had no written authority to sell as required l by -section 30 of the Land Agents Act, 1922. The magistrate held that respondent was entitled to judgment on Hie ground that the evidence showed that defendant employed plaintiff to help him to effect the purchase, and agreed to pay him £SO for so doing. On these facts the court is asked to interpret the effect of section JO of the Ijaud Agents Act, 1022, as applying to Phis case, in regard to the authority required to sell Decision was reserved.