COMMISSION SUIT FAILS.

New Zealand Herald, Volume LX, Issue 18520, 3 October 1923, Page 7

COMMISSION SUIT FAILS.

SALE OF A HOUSE.

Somewhat unusual features were presented by & land agent's claim for commission, which was heard, by Mr." F. K. Hunt, S.M., in the Magistrate's Court yesterday- Murrie Spiers Company (Mr. G. Johnston) sued George W. Sibthorpe (Mr. B. Goldwater), night porter, for £38 commission on the sale of defendai.t's property at Grey Lynn, plaintiffs contending that • they had been instrumental in bringing about the sale by introducing the purchaser's wife to the owrer land showing her over the property. The defence was a .denial. that plaintiffs wore substantially instrumental in bringing about the ( sale. '■_..■-.■■_ The 'evidence showed that plaintiffs showed the wife of the ultimate purchaser over the property and introduced her to the owner. An arrangement was made that her husband should inspect the property. In the meantime both the latter and his wife inspected other properties with another agent. Passing the bouse in question the husband noticed a third agent's notice board on it, stopped the car. and inspected the '; property. He was -with a party, including his wife, but was the only person introduced by the agent to ihe owner, who did not recognise the wife. She did riot make herself known to the owner and took no part in the transection. Without consulting her the husband bought ;i he property. According to evidence he was not told that this was the property which his wife had 'inspected.'...: . ' '- • The magistrate gave judgment for defendant on tfcie ground x that plaintiffs were not substantfally instrumental in bringing about, the ' sale., /