SALE OF A HOUSE.

Poverty Bay Herald, Volume Li, Issue 16894, 26 November 1925, Page 12

SALE OF A HOUSE.

CI,AIM FOR rrrMMISSION. f-j A disputed claim fur.money alleged to be rlue as commission on the sale of a house property was heard before Mr K. (A Lewey, S.M., (his morning, when G. S. Bruce and Co., land agents, )>i oceeded against Donald' Gordon, farmer, for the sum of £73 10s, alleged to be due for the salt; of a house to Mrs Harris. Air J. .R. Kirk appeared for the plainlilfs and Mr R. 'l'. Bnrnard for the defendant . (.Miming the plaintiff’s 'case, Mr Kirk said that the fees charged were on the scale set out by the Gisborne Chamber of Commerce. Mr Bruce had brought the parties together and subsequently the house had: been sold at £2500, which was £IOO less than the price at which Mr Bruce was instructed to sell. Mr Gordon hud suggested al one stage that Mr lies Lawless, agent for Bruce and Go., was not doing his best to sell the house, hut he was assured that lie was wrong. Mr Gordon had later told one of the Harris’s that if lie had not dealt through an agent tho price would have been £IOO less. Mr Gordon had put a notice in the Herald stating that his property was withdrawn from sale, but before that had actually appeared in tho paper the house had been sold. Clarence Desmond Lawless gave evidence regarding his negotiations with Mrs Harris. She had told him that if sho was buying a house she would give him (he opportunity of selling it to her. Ho had later shown Mr Henry Harris a number of houses, which were for sale. Both he and Mr Bruce pushed l the sale of Gordon’s house. When Mr Gordon suggested that witness was not trying to push the sale, lie assured Mr Gordon that he was pushing it for all ho was worth. Later Harris had! told him that they had bought the house for £2500. To Mr Burnard, witness said that ins claim lay in tho fact that lie had found n, buyer capable of taking the property. 110 would get half of the commission. He had been great friends with Henry and Albert Harris. It was not true to say that the boys bad told him that their mother would be wanting a house and to hop m and get her to take Gordon’s. Albert Harris had written nom Auckland, and said that his mother wanted a house and would like one like. .Mr Gordon’s. He recognised that if Guy did no| introduce the buyer they were not entitled to commission. George Sinclair Bruce stated that he had been carrying on land agency business for six years. Ho had received authority to sell tho defendant’s property at £2600, and was claiming commission on the scale agreed upon. He gave evidence of the negotiations loading up to the sale, stating that the Gordon’s had urged him to push the sale of tho house. When the dispute arose over paying commission witness offered to refer the matter to an umpire and abide by his decision, but tho defendant would 1 not agree to this. To Mr Burnard, the witness'said' that the offer was actually made by Mrs Harris to Mr Bright, but witness regarded the offer as being made on his account. Guy Yallance Robinson gave evidence of the transfer of the property from Gordon to Mrs Harris. Henry Harris, sheapfarmer, of Hangaroa, stated that lie and Lawless had looked at different houses in the town, with a view to comparing others with Mr Gordon’s. Lawless told witness the price of Gordon’s was reasonable, and did his best to sell the property. The matter was further discussed subsequently between witness, Lawless, Mrs Gordon, and Miss Gordon. Witness subsequently told his mother that Airs Gordon had said the price would he less if there was no commission. To Air Burnard, the witness said he would not say that he had mentioned Gordon’s home to his mother until after tho sale was effected, Ilis mother had always had a hankering after the Gordon’s house, and had stayed there before she went to England. He knew that his brothers and sisters had all advised him to buy the house. Air. Burnard, for the defence, moved for a non-suit on the ground that it had not been shown' that the sale was fhei result of an introduction of the property to Airs, Hands. An agent was entitled to commission only if ho showed that an introduction by him was the cause of tho sale, and in this, if an introduction- was proved, it had not. in any way, been linked up wilh the safe. Tlici evidence given for the plaintiff showed that Airs. Harris had the property in mind long before the plaintiff enturned the negotiations. Shortly after Mrs. Harris returned' from England. Air. John Harris went and saw the Gordons about their place. It was It no that Lawless had spoken to Mrs. Harris about it, but Lawless had got his information from Air. Albert Harris. Under the circumstances it was c-'«ar that- instead of t.JiF agent introducing the bouse to Airs. Harris, the latter, through her son Albert, had introduced the negotiations to Lawless. Air. John Harris had obtained an offer from Mr. Gordon at a price of £2500 on condition that no commission was payable. The purchase had really been made Iby Mr. John Hands, who recognised no' agent. Another point was that it had not been proved that the plaintiffs. G. S. Bruce and Company, had a, license. Air. Bruce had a license himself, but it had not been shown that he he’d a license on behalf of the firm.

Thomas John Harris, sheepfarmer of Hangaroa. stated tirot. on September 13 ho had inspected Air. Gordon’s property with a view to a purchase. 110 laid none to Gordon’s because his brother in England had written recommendin'? this place as being suitable for their mother. He knew nothing of any conversation’s between his mother and Lawless, and his knowledge of the house was the result of: his own inspection and the conversations between him and his brother before the latter left for England. Mr. Gordon had said his price was £2500 if there were -no agents, and witness said- ho had never been to any agents and did not want to do so. The purelia.se was decided upon after discussions with bis mother. He had negotiated the sale on behalf of bis mother, but subsequently the four brothers decided to make a present of il to her. The sale was in no way influenced because of an introduction by Lawless, and none of his brothers had mentioned an introduction by Lawless. To Mr. Kirk the witness said lie knew nothing of Lawless ringing bis mother up, or taking his bait nor lo sea different houses, until after lie bad inspected Gordon's house. His mother had .said Lawless had stuck her up on the street and asked her about houses, a.ud witness had said he did not need any assistance from Lawless. At this stage the Court was adjourned until this afternoon.