LAND SALE COMMISSION.

New Zealand Herald, Volume LIII, Issue 16375, 1 November 1916, Page 8

LAND SALE COMMISSION.

SUPREME COURT ACTION.

JUDGMENT FOR JNDANTS.

[BY TELEGRAPH. OWN" CORRESPONDENT.] I CHRISTCHURCH. Tuesday. Judgment was siven by Mr. Justice Den--1 niston this morning in the case in which l Robert Latter, formerly a land agent, and . now a farmer, - claimed the sum of £160 : 15s 6d from Harry R. North and Thomas j Jones, of Auckland, as half of commission I paid to defendants on the sale of a pro- ! perty at Dargaville to one Arthur Wilj liams, who was assisted to finance the j purchase of the property by guarantees

] from plaintiff. Williams, a farmer at : Robinson's Bay, Banks Peninsula, was engaged to plaintiff's daughter. I After reviewing the evidence at considerable length, and pointing out that Williams had been in communication with North and Jones concerning the property before Latter came into the matter Hi's Honor concluded that the plaintiff misled the defendants by the terms of his telegram into a belief that lie was a land agent with a customer whose attention he was prepared to draw t<> the property. " Had this correctly stated his real position and his actnal relation to Williams,'* continued the Judge, " his action would have been not inconsistent with the recognised practice in such matters. In a safe by an agent it is a recognised and understood practice that the vendor, and not the purchaser, pays the commission. If there is only one intermediary, or agent the matter is simple. If the "communication is to a land agent there is an understood arrangement that the agents share in the commission. As long as the duties of the respective agents are confined to introducing the parties this is not unreasonable. It may be that if the plaintiff had stated the actual position some proposal would have been made to him as to his having a share in the commission uv even his full request u;iht have been acceded to, but the defendants were entitled to know the facia." Judgment was for tho defendants with costs.