LAND AGENTS' CLAIM

Evening Post, Volume CXIV, Issue 120, 17 November 1932, Page 13

LAND AGENTS' CLAIM

QUESTION OF COMMISSION

Dealings between. James Edward "Williams, a settler, of Wellington, the Beautiful Karori Extension Company, Ltd., and H. G. Butter and Company, land agents, of Wellington, are the subject of a claim for £,260 by Butter and Company against Williams, which is being heard in the Supreme Court today.

The statement of claim.sets out that on or about 23rd. January, 1932,,.the plaintiffs, as agent for the'defendant, procured a binding contract between the Beautiful Eftrori Extension Company, Ltd., antk the defendant in terms of which th# Extension Company bound itself to take a lease for a period of ten years of property .in Wellington known as Victoria House, at an annual rental of £2600. It was claimed that there was £260 in commission due by the defendant to the plaintiffs for procuring their contract. Alternatively . the plaintiff claimed that he had performed a considerable amount of work in negotiating for and procuring the contract, and that the reasonable remuneration for this work was £260. >

The defence was a general denial that the plaintiffs had procured a contract for the lease of Victoria House or that -th& plaintiff had acted as agent for the deferidant. . As a ; further . defence it; was alleged that if the plaintiffs acted as ihe defendant's agents, which was •denied* or. procured a binding contract, which was also denied, the - defendant iwasindneed to execute the.contract by reason of .statements made to him by H. G. Butter that the Beautiful Karori Extension Company was a good strong company and ,a good company to deal with and was quite able to carry out the contract, and- also of statements made by an employee of the. plaintiff. It was alleged that these statements were false and - made recklessly •. or negligently without sufficient inquiry and in breach of the plaintiffs' duty as agent. The defendant alleged further that the plaintiffs did not procure a contract signed by a person able to carry out and complete it.

His Honour) Mr. Justice MacGregOT, is on the Bench. Mr. W. P. Shorland appears for the plaintiff company, > and Mr. S. A. Wiren for the defendant.

, Under cross-examination, Mr. H. G. Butter said that just before the 'contract was signed Mr. Williams, asked about tlie position of the company! Witness sent an employee for a list--of* shareholders, and when this "was available he remarked that there seemed to be some very substantial people, in' the company. He denied saying that, the company was a good,strong one and a good company to'deal with. If-thede-£endant said that witness iad~6Sid that he would be wfong. .'': -- ■. .•;'; - ■":.. . (trdoeeding;) ~ ■ .>'" _■