LAND AGENTS’ COMMISSION.

Otago Witness, Issue 3105, 17 September 1913, Page 36

LAND AGENTS’ COMMISSION.

LEGAL POINTS

A CASE UNDER THE NEW ACT. WANGANUI, September 9.

The right of a commission agent to re-< cover commission from both parties in tfao exchange of properties was a point at issue in a case heard at the Supreme Court tOf day, when W. M. Ashton and Son, land agents, sued J. J. Hills, of Palmerston North, for the sum of £IOO. The evidence given by Ashton, junr., was that the whole position had been fully explained to Hills, and that the cornu mission had been fixed at £IOO in consequence of his firm receiving a commission from the other side.

Defendant said that he had agreed tn pav £IOO instead of the proper commission, £l5O, in consequence of his not receiving all the cash from the other party, ana that he was not aware that plaintiffs were receiving commission from the other sideHis Honor, Sir Robert Stout, accepted the plaintiff’s evidence and gave judgment with costs.

The same parties were concerned in a second case in which £142 16s 3d was at stake. This was the commission on another land deal. The main point in the defence was that the instructions as to the property had been given verball.y before the coming into force of legislation dealing with land agents; that the sale did not take place till after, and that, though instructions were confirmed afterwards they were not signed by the pern son to be charged as the Act specified.

After hearing legal argument his Honor said that as the case was the, first under the Act he would take time to consider his decision.