COMMISSION DISPUTE

New Zealand Herald, Volume LXX, Issue 21560, 3 August 1933, Page 10

COMMISSION DISPUTE

SEQUEL TO FARM SALE COURT RESERVES DECISION [by telegraph OWN correspondent] WHANGAREI, Wednesday A case of interest to land agents was heard in the Magistrate's Court today. Archibald Fletcher, land agent, of Whangarei,, sought to recover from William James Mcßeen, farmer, of Apotu, £42 10s, alleged to be balance of commissions due by defendant on the sale of his farm, stock and chattels. , The statement of claim set out commission claimed at ordinary rates on £2300 at 2J- per cent. £57 10s; commission at private sale rates on stock and chattels sold for £SOO, £l2 10s. Total, £7O, less amount already paid. £27 10s, leaving the amount claimed, £42 10s. Mr. L. A. Johnson and Mr. G. Dent represented plaintiff and Mr. N. E. Crimp appeared for defendant. Mr. Johnson said that defendant entered into a lease of the property concerned in 1931 'with a compulsory purchasing clause for £2OOO. The agree.ment for plaintiff to sell contained a clause that commission was to be paid on the purchase -money irrespective of mortgages. The stamp duty on the legal document was on £2300, for which amount the property was'sold. Mr. Crimp said the whole point in dispute was what exactly was the purchase price. The projierty was sold and commission had been paid on £BOO, which included the sale of stock-at ;jSOO. John Grieve Ball, partner with the plaintiff, said that defendant came to witness to sell the property upon which was a debt of £2OOO. The property was eventually sold by Hetcher. the goodwill being £3OO on the property. The price of the stock was £SOO. Witness considered that' plaintiff was entitled to "commission on the £2OOO in addition to the goodwill. Mr. Crimp said that plaintiff was endeavouring to charge commission on money the defendant would never receive." He was merely paying an annual rental on the property. The magistrate, Mr. G. N. Morris, reserved his decision.