CLAIM FOR COMMISSION.

New Zealand Herald, Volume LX, Issue 18396, 11 May 1923, Page 5

CLAIM FOR COMMISSION.

AGENT FAILS TO RECOVER.

POSITION OF PURCHASER.

Judgment was given in th e Magistrate's Court yesterday by Mr. J. E. Wilson, S.M., in a' claim for £34 commission, alleged to be due on a land transaction, by V. G. Sole (Mr. Fawcett) against Mary McCormick (Mr. Sellar). Defendant desired to buy the house in which she was living. She approached the plaintiff, then a land r.gent, and ho communicated with the owners, who ultimately agreed to sell for £1200, stipulating that plaintiff's commission was to be paid by the purchaser. Though the defendant denied that arrangement, the magistrate said he was satisfied she agreed to the condition. The sale was completed, the plaintiff being aware that defendant could not pay the £35 commission. Defendant paid £l on account. No further payment was made, but defendant wrote regretting inability to pay and asking for time. After writing, she ascertained that it was unusual for a purchaser to pay commission and refused to honour her promise. The magistrate said the plaintiff was claiming as a land agent to recover remuneration in respect to a sal© or disposition of land. Under the Land Agents' Act, he was debarred from suing for or recovering commission unless his appointment to act as agent was in writing signed by 'the person to be charged with such commission. His claim was also barred since the plaintiff did not get any written authority from the defendant lo act as her agent in the purchase either before or after the purchase. He could rot therefore recover from her, and judgment was for the defendant.