AN AGENT'S COMMISSION.

New Zealand Herald, Volume LXVI, Issue 20242, 30 April 1929, Page 14

AN AGENT'S COMMISSION.

CLAIM FOR £53 SUCCEEDS. SERVICES IN PROPERTY. DEAL. [BY TELEGRAPH. OWN CORRESPONDENT.] PAPAKURA, Monday. A claim by Enos S. Pegler, land agent, Manurewa (Mr. S. D. Rice) against R. D. Tindall and Mrs. Tindall, of Manurewa (Mr. L. E. Manning), for £53 2s 3d, as commission on the exchange of defendants' properly at Manurewa, was the subject of a reserved judgment given by Mr. F. 11. Levien, S.M., in the Papakura Magistrate's Court to-dav It was admitted that both defendants signed an agreement with the owner of a farm at Taupaki to exchange their pro perty at Manurewa for this farm. The agreement was negotiated by plaintiff through his son, who managed a branch agency for plaintiff. The son tool; Mr Tindall to see the farm, and, on returning, the agreement was entered into Somo days later defendants declined to continue with the exchange and had since continued to declino to do so.

The defence was that the- agreement was signed subject to Mrs. Tincla.ll being satisfied as to tho condition of the farm homestead and allied matters and that defendants had been misled as lo the carrying capacity of the farm and as lo Taupaki being in tho suburban area in regard to railway service. The magistrate held that the evidence did not support this defence and gave judgment for plaintiff for the amount claimed and costs, £ll fls.