CLAIM BY LAND AGENT.

New Zealand Herald, Volume LX, Issue 18532, 17 October 1923, Page 7

CLAIM BY LAND AGENT.

COM MIS SI ON. TO BE PAID.

Judgment was given in the Magistrate's Court yesterday by Mr. ■ E. C. Cutten. S.M., in a case originally;heardV by the late Mr. J. E. Wilson, S.M. The plaintiff was Arthur Sydney Graham, carrying on business as C. J. Owen and Co. ? (Mr. Jacka), and i:the: defendant Tan Simson (Mr. Durham). The claim was for £40 commission on the- sale of ■ a property ;at Ponsonby, ; formerly owned >. by the defendant. , ' , • The defendant gave a .written'authority to sell, and subsequently a purchaser was introduced who entered into an agreement with the, defendant.; The transaction was not completed and the right to 'l commission was \ disputed.;:;,;; ~"•'. - The magistrate said that defendant alleged first that -■ he had! ; no intention of giving authority; to: the plaintiff to ; sell: secondly, that there was .no * sale ' '.. ; ana thirdly, if there was a sale; it was not brought about by the ; efforts of the plaintiff. With regard to : the first defence, he held that -it was ;■ abundantly clear from the evidence ; that defendant knew!V with whom he was ■ dealing when he gave tfhi authority. As far as the other grounds of ; defence were concerned the magistrate considered that the agent's i duty was to find a purchaser.' This he had done and he was entitled to his commission. Judgment was for plaintiff . for- the amount claimed. "\-\\ '- • . " --'•-•'• ■'