LAND AGENT'S COMMISSION.

New Zealand Herald, Volume LIII, Issue 16266, 27 June 1916, Page 5

LAND AGENT'S COMMISSION.

FAILURE OF A CLAIM. Reserved judgment in the case in which R. H. Wood, land agent (Mr. C. C. Biernacki), claimed £32 10s commission from Amelia Sarah Hindman (Mr. W. Vallance), was given by Mr. E. C. Cutten, in the Magistrate's Court yesterday. Plaintiff, at the hearing, claimed that defendant's son put a property in his hands for sale, £1150 being asked. The authority given to plaintiff, however, contained the words "if an exchange of the property be my consent, you shall be entitled to commission." Plaintiff suggested that a. certain property would De a suitable exchange. He introduced defendant to the owner of the property, who subsequently made an offer which was to be accepted or refused by a given hour. There was not time before the offer closed to examine the title or to obtain a report. Defendant was induced to agree to the exchange, but afterwards it appeared that representations made concerning the property of the third party were not correct. Defendant thereupon rescinded the contract. He contended that no exchange had been effected, and that plaintiff had failed in his duty to his principal. Hi 3 Worship yesterday said defendant's first contention had no value, but he did not think plaintiff had done his duty. While acting for two parties he, apparently, had used his best endeavours to persuade defendant to enter into a disadvantageous arrangement, greatly to tho advantage of the other client. That was in contravention of the first principles of the law of agency. Judgment was given for defendant with costs.