CLAIM FOR COMMISSION

New Zealand Herald, Volume LVII, Issue 17594, 6 October 1920, Page 7

CLAIM FOR COMMISSION

SALE OF HOTEL PROPERTY.

COMMERCIAL TRAVELLER'S CASE*.

A claim for £256. 18s 6d .as.commission on the sale of an hotel" wasirhade by Herbert. James Clifton,, commercial traveller (Mi-. Prendergastj, -against Alexander Johnstone, formerly, proprietor of the Rawene Hotel (Mr. Leary), in the Supreme Court yesterday, before Mr. Justice Salmond. ' •'. '~ ,~ v

Mr. Prendergast said -the plaintiff was ' not a - land agent, ■;, • bat -be - submitted, nevertheless, that he was entitled-to recover commission; The Land Agents Act said that a land agent was one who carried oh the business of a land-agent..' ijf the transaction were the first of ; a r series on which he intended .to , enter, then he was a land agent. The plaintiff, however," had no such intention, and had not acted as a land agent in any other transaction. Counsel said that in** June, 1919, -when engaged-in his travels in the North, the plaintiff heard that Mr. Montgomery, .proprietor of : the Kohukohti might consider buying the Eawene Hotel. He approached the defendant, X who said his price was £8500, and subsequently he se- : cured an option for a week. He communicated with Mr. Montgomery, and arranged with the defendant details as to the amount of cash to be paid. The sale was completed on the last day of the option, • but. the defendant refused to pay commission to the plaintiff. f A number of nonsuit points-were raised by Mr Leary. - The defendant, in evidence, said he understood the plaintiff intended to buy the hotel' for himself. Clifton asked him if he would pay commission,, and be answered in the affirmative, thinking it would be deducted from the amount to be paid by Clifton. He was willing to pay commission, but considered it should be paid to Mr. Hartley, a land agent, who had been engaged in negotiations between. Montgomery and himself, and who rendered a claim for it in August, 1919. Before the completion of the sale Montgomery" told him he was buying through Clifton, saying: "Clifton is my man," and wjjness said " Hartley is my man." Mr. Montgomery, who had given evidence for the plaintiff,' was recalled, and Hartley was engaged in negotiating for the lease of the .defendant's hotel, but witness considered the were not suitable. He asked Hartley to get defendant's price for the sale ,of the hotel, but did not hear from him. Clifton was the first to tell him the price. It was stated .that Mr. Hartley had come to Auckland in order to give evidence, but had become ill. His Honor said there was a striking conflict of testimony between the witnesses examined, 'and it was advisable that as much light as possible should' be thrown on the matter. . % An adjournment was made until to- . morrow, to enable Mr. Hartley to give evidence.