Important to Commission Agents

Feilding Star, Volume XV, Issue 293, 20 April 1894, Page 3

Important to Commission Agents

At tho Palmerston District Court yesterday, before Judge Kettle, the following case was heard :— H. Axup T. W, Fergusson, claim £47 7s Mr Cooko for the plaintiff, ai:fl Mr Hogg for defendant. This was a case iv which plaintiff sought to recover the sum of £47 7s, as a commission on sale of a property on behalf of defendant at the rate of one per cent on the purchase money. For the defence it was denied that plaintiff was in any wav instrumental in effecting a sale, neither did he do any work aa in agent in showing the purchaser over the property. It was admitted that the property had been put into tho hands of the plaiutiff, and that one per cent was to be paid if he succeeded in effecting a sale at £7 per acre. H. L. Sherwill, Commission Agent, and valuator at Feilding. said, if a property was placed in the hands of several commission agents for sale, the man who first introduced the purchaser received the commiasiou. If several agents introduced the purchaser, they had to depend upon the honor of the gentleman selling as to who should receive the commission, Ilonry Axup plaintiff, and Commission Agent at Feilding, said he disposed of Mr Bruce's property, and was then asked to look out for another property for him. Mr Fergusson agreed to give witness one per cont commission, if he cold his property at £7 10s per acre. Witnees offered to sell to Mr Bruce at that figure, and subsequently made a second offer at £7. Witness proceeded to Wellington, aud when he returned heard that Mr Fergusson bnd sold the land to Mr Bruce at £6 15s. Spoke to Mr Fergusson at Halcombe, and asked for the commission. Defendant replied that a Mr Harris, a commission agent at Mavton, was also claim ing commission, and he could not pay both. Eventually bo declined to pay witness Aftor a good deal of evidence his Honor reserved bis judgment. He said he had no doubt as to the judg tnent he would give, but he would ! like to have time to commit it to writing so that commission agents might in future know exactly the position they held in respect to their clients. A written judgnv nt would be forwarded and the costs would go to the success ful party. The Court then adjourned j until to-day at 10 o'clock.— Standard. ;