CLAIM FOE COMMISSION.

New Zealand Herald, Volume LX, Issue 18468, 3 August 1923, Page 12

CLAIM FOE COMMISSION.

-;•..(! )■ v : On , ••,.'■ :■;■■;>:■.:.;:•' EXCHANGE OF PROPERTIES. JUDGMENT FOE DEFENDANT. A judgment of interest to land agents was given in. the Magistrate's Court yesterday by Mr. J. W. , Poynton, S.M. Smith arid Halcombe, Ltd. > (Mr. Herman), land agents, claimed £82 10s from R., C. Annett (Mr. Armstead), for commission on the exchange of/a house for other properties. ■■■■■ - / ..." ' / '*> '.' Defendant authorised j plaintiffs to get him such a property as he required." They brought about a contract for the exchange of ' a tenementhhouse for his properties, but he afterwards, repudiated .the contract and plaintiffs therefore / sued for commission.: Defendant alleged misrepresentation as to values. ; .-,;:':V>;^v'':' '■ ff-. i\ ,:'•;' The magistrate said the evidence was conflicting, but he found: that defendant relied on f the plaintiffs' estimates, which were made as a- matter of > fact, but the values were not as stated;' Any representation by the /agentVto his % principal to induce him to enter a contract 'had . to be true or, based on reasonable inquiries. It j had been | held that an- innocent misrepresentation was sufficient to dis-entitle an agent to /commission.''■;>.• Land agents were looked on as authorities or.: experts in land values and their opinions deservedly carried weight,- with their clients, and care | had to be exercised by them lest their ; statementu were misleading." . . . "It appears, to me," concluded Mr. Poynton, ■!. "that the inaccuracies 'in the statements by the agent as tp values are sufficient to prevent the recovery of the commission otherwise earned." - Judgment ...was for the defendant, with costs, security for appeal being fixed at £15. «' ; ;, v-:.' ; -:r.''•".-:.: : :.'•.