Land Agent Recovers Commission

Manawatu Times, Volume 61, Issue 189, 12 August 1936, Page 6

Land Agent Recovers Commission

MAGISTRATE’S COURT PROCEEDINGS.

In a reserved judgment delivered in the Palmerston .ihortii Magistrate's Court yesterday, Mr. J. L. Stout, S.M., allowed the claim of I). 1). Currio and Co., land and commission agents, Palmerston .North, against Riouurd Hadiield, farmer, of Glen Uroua, for “work, journeys and attendance,” perf'ormeu for derendant in the sale of a farm at Glen Oroua. ft was contended for defendants, Mr. Stout stated, that plaintiff's authority was a special ono and that, as they did not lind a purchaser ready and willing to give the price named m the authority, they were not entitled to commission. ft was also submitted that plaintiff's act. were not the effective cause of the sale, it could not be contended that plaintiffs did not first bring the property to the notice of the purcnaser and that they did not do a great deal of work in wringing the parties together and to agree upon a price. The property actually was sold for less than the sum named in the authority and for less than a previous oiler obtained by the agents from the purchaser. The Magistrate said he found that the plaintiffs introduced the purchaser to the property and to tho defendant, tnat their acts were the effective cause of the sale. There remained tho contention that tho authority was a special one and that, as the plaintiffs did not lind a purchaser at tho price stated in the authority, they could not recover. Lord Watson nad held that when a proprietor, with a view to selling his estate, went to an agent and requested him to find a purchaser naming at the same time the terms he was willing to accept, that would constitute a general employment and should tho estate be eventually sold to a purchaser introduced by the agent, the latter would be entitled to his commission, although the price paid should be less than the sum named at the time the employment was given. Mr. Stout considered that plaintiffs were entitled to commission and entered judgment accordingly at the rate of 2i per cent, on the purchase price of £4400, namely £llO with £lO 4s costs. Mr. J. M. Gordon appeared for plaintiffs and Mr. H. R. Cooper for defendants.