TUAKAU.

Pukekohe & Waiuku Times, Volume 4, Issue 126, 29 December 1915, Page 1

TUAKAU.

SALE OF A TUAKAU PROPERTY. LAND AGENTS' COMMISSION. Mr E. C. CdtteD, S.M., gave judgment on Tuesday, December 21st, in the Auckland Magistrate's Court in the case of Mrs Ada Elizabeth Goodson, trading as the Express Lai.d Agency (Mr R. E. Taylor) v. Ernest Albert Sheldon (Mr A. Hanna). The claim was to recover £lOl 13s. alleged to be due for work, journeys, and attendances of the plaintiff as a land and commission agent in the sale of defendant's farm at Tuakau to Ambrose Harker and Clara Alice Harker, for the sum of £4.066, which sale was effected by and thorough the instrumentality of the plaintiff. His Worship said while plaintiff claimed the full commission of £lOl 13s. defendant admitted she was entitled to £6O. It was admitted by both parties that the full commission on the transaction was £lOl 13s, but defendant claimed it had been reduced to £6O It was also argued by defendant that plaintiff was authorised to sell the property, whereas an exchange was effected, therefore she was not entitled to full commission, but on quantum meruit, the sum of £6O. Mr Cutten held that plaintiff had authority to sell the whole or part of the property. With regard to the second point, that it was an exchange, and not a sale, .his Worship said the evidence for plaintiffs was consistent It was not necessary for him to analyse the evidence at length Mr Cutten said he considered plaintiff had proved her case, and was entitled to the full amount of commission ylaimed. Judgment was therefore given for plaintiff for £lOl 13s, with costs.