CLAIM FOR COMMISSION

Dominion, Volume 12, Issue 59, 4 December 1918, Page 8

CLAIM FOR COMMISSION

■■;■. . .. , .. .»-- —— . JUDGMENT FOB PLAINTIFF. Mr. W. G. Eiddell-.'.5.M., gave reserved judgment in the Magistrate's Court yesterday in the ease of G. L. Fairchild v. Ij. . Sandberg, a claim for £J8 10s. 3d., being balance of commission alleged to be , owing under an agreement whereby plaintiff was appointed' agent to canvass for slide advertisements at the theatres. There was no evidence that defendant at "any time repudiated any of the orders obtained by the plaintiff. On February i,' 1917, defendant transferred to the NewZealand Picture Supplies Co. all his interest in the majority of the advertising contracts, and from that date the company collected tho moneys due under the contract. The 'company was entitled to collect i! 703 7s. 6d., and actually collected .£699 12s. Cd., the difference being accounted for by the bankruptcy of one of the advertisers. Defendant admitted that tho amounts collected by him and tho company.totalled.4!lOU 2s. 6d., on which commission had been paid, but he declined to pay, commission on, a balance of 4243 17s. .(id., which the defendant alleged had not been or could not be collected by \hiin. The/Magistrate held that where ■ defendant''had'accepted the advertisers 'obtained-:by.-plaintiff, and the contracts could be carried out, and it was shown that part of the amounts due 'had been paid to him in many cases, and to his •assignees in a great number of others, .then fit was for the defendant, to show 'why the parties still liable did not pay, and to explain why they were allowed to escape payment. Plaintiff offered to collect tlie amounts due to defendant free 'of commission, but defendant refused to give him the opportunity- of doing so. Why Sandberg took nn this attitude was not explained. The Magistrate held that certain amounts totalling J:62 must be. deducted from the total contracts of .£1257, leaving a balance of J21195 upon which plaintiff was entitled to commis-,-sion. .This commission amounted to ,£239, and after deducting the commission already paid'the balance due was 2s. 3d., and judgment was given for plaintiff for that ainonnt, with costs totalling M 19s. At the hearing Jl'-r; H. E..Evans appeared for the plaintiff, and Mr. E. M. Beechey for the defendant. *.