CLAIM FOR COMMISSION.

New Zealand Herald, Volume LVII, Issue 17595, 7 October 1920, Page 7

CLAIM FOR COMMISSION.

♦■ :— SALE ttF AN HOTEL. QUESTION OF AUTHORITY.' The hearing of the action in which Herbert James' Clifton, commercial traveler (Mr. Prendergast), claimed £256 18a id, as commission on the sale of the Elawene Hotel, from Alexander Johnstone [Mr. Leary), was continued in the' Supreme Court yesterday, before Mr. Justice Salmond. T. F. Hartley, commission agent and motor-boat proprietor, said that about the beginning of June, 1919, Mr. Montgomery, proprietor of the Kohukohu Hotel, asked him to find out what Johnstone wanted for the lease of the Rawene Hotel. Johnstone said he would not lease it to - Montgomery, but would sell. He told witness the price, and this he communicated t6 Montgomery. The sale was completed, and he had made a claim for commission. Cross-examined ; by Mr. Prendergast, witness said he received a letter containing the terms required by the defendant. He did not know whether he had it now.' His Honor: You know you can't claim commission without -a written authority? —Witness: Yes. What has happened to the letter T-,-1 might have destroyed it. I did not think there would be any trouble over the matter. Witness added that he had printed forms of authority .to sell, but did not always use them. And you still get your commission?— Yes. It is very obliging of your clients. In reply to Mr. Prendergast, witness said he did not hold a license in 1919. v His Honor : You know you had no right to carry on business, without a license Witness : Yes. I applied for one in February, but was in hospital for three months subsequently. Judgment was reserved.