CLAIM FOR COMMISSION.

New Zealand Herald, Volume LIII, Issue 16337, 18 September 1916, Page 7

CLAIM FOR COMMISSION.

NORTHERN LAND SALE. HEARING IN CHRISTCHURCH. [BY TELSJRAr-H.—OWN CORRESPONDENT.] CHRISTCHURCH, Saturday. At yesterday's sitting of the Supreme Court, before Mr. Justice Dennislon, the hearing was taken of the claim by Robert Latter, of Barry's Bay, against H. B. North and Thomas Jones, land agents, Auckland, for £160 15s 6d, being thei commission alleged to be due to the plaintiff for furthering the sale of a 1600-acre farm in Northern Wairoa. Mr. Raymond, K.C., with him Mr. Williams, appeared on behalf of the plaintiff, and Mr. Hunter for the defendants. Outlining the case for the plaintiff, Mr. Raymond said a contract was entered into by the parties, by telegraph, regarding the sale of the farm. Plaintiff had carried on a land agent's business at Barry's Bay for 30 years, but had sold out. One of his daughters was engaged to be married to Mr. Arthur Williams, who was then faming at Robinson's Bay, but subsequently 'wished to take up farming elsewhere. Williams, on May 28,1915, entered into communication with the defendants as to an advertised property near Dargaville, ho having at tho time a capital of about £2000. Contract for Sale. Williams, on hearing from the defendants, told plaintiff of the property, as the plaintiff had agreed to finance his futuro son-in-law if a suitable property could be obtained. Plaintiff on June 6 telegraphed to defendants, asking them if they would divide the commission if he got them a buyer for the 1600-acre property advertised, and received a reply in the affirmative on June 9. As the telegram was confirmed by a letter from defendants, plaintiff and Williams went to Auckland, but not being met, as agreed, by defendants or their agents, they went on to Dargaville, being met there by representatives of Mandeno Jackson, of Auckland, land agent, who was acting for the defendants. The property was inspected, and a contract was subsequently made that Williams should buy it for £12,750, and should also take over the live and dead stock at valuation to be arranged. Then tho contract was drawn up in the office of the Dargaville solicitors. Tho vendor, Mr. Allen, asked before the contract was signed who he had to pay tho commission to. Latter replied that ho was dividir.4 the commission with North and Jones. All the parties or their representatives were present. Two Questions Submitted. On returning to Auckland, continued counsel, Latter and Williams called on Jones and told him of the purchase. Latter asked Jones how the commission would bo divided, seeing that Mandeno Jackson's representative at Dargaville had conducted the sale. Jones replied that Latter would get his due half, and the remainder would bo divided between North and Jones and Mandeno Jackson. Tho first question to be settled was, did Latter bring a buyer? To which the reply was that unless the plaintiff bad financed Williams ho could not possibly have been a buyer. Had half the commission not been promised Latter would not have taken any further steps in the matter. Williams was aware that half the commission was to be paid to the plaintiff, who was not acting as an agent, but as a contracting party. Tho second question was whether Latter was compelled to disclose the name of the prospective buyer. No concealment had been attempted, as Latter had arranged for the defendants to meet Williams at Auckland. I After evidence had been partly heard I the case was adjourned.