ASSIGNEE’S CLAIM

Hawke's Bay Tribune, Volume XVII, Issue 211, 20 August 1927, Page 7

ASSIGNEE’S CLAIM

SHARE OF COMMISSION. JUDGMENT FOR DEFENDANT. Wellington, Aug. 20. A case was concluded before the Chief Justice to-day in which William Wardop, as assignee in the estate of E. Vine aud Co., claimed £375 commission from A. Leigh Hunt and L. L. Hunt, being his share of £750 commission in respect of the sale of Littlejohn's property on Lambton Quay. The plaintiff set out that there was a verbal agreement to share the commssiou equally. This was denied by the defendants. His Honour said that in these cases the onus was on the plaintiff, who had to establish the contract. Where a business transaction was entered into and the parties did not choose to ecord the business in writing, then they took the risk of a dispute on themselvesThe next circumstances that prevented him saying a contract had been established was the curious one that no particulars of Littlejohn's were given to Hunt. There was also no communication between Vine and Hunt for at least nine months. He was unable to say that Hunt was not entitled to the full benefit of the denial he made in the witness box, as the rule relating to denial of a credible witness adopted by the Courts was that the plaintiff must establish a case and, if he failed, the benefit of the doubt must be given to the defendant. There was no course for him to adopt but to decide by that rigid rule. Judgment was given for the defendant.