AUCTIONEER'S COMMISSION DISPUTE.

Pukekohe & Waiuku Times, Volume 5, Issue 155, 14 March 1916, Page 4

AUCTIONEER'S COMMISSION DISPUTE.

The question of whether an aucioneer was entitled on a non-sale to :harge a fee for putting a property ip to auction formed the subject of in action heard by Mr E. Page 5.M., at the Fukekohe Magis.rate's Court on Friday when John Thomas Stembridge, auc.ioneer, Fukekohe, claimed from William George Abbott, hotelieeper, Ngaruawahia, the sum of £2 is. The statement of claim consisted of two items, one for motor jar hire and the other for plaintiff's fee as an auctioneer. Mr J. (i Haddow represented plaintiff and Mr C. 0. Mahoney appeared for the defence. Flaintiff, giving evidence, stated that he received instructions from defendant to sell his farm at Fukekohe Hill and the stock thereon, the sale to take place at his (plaintiff's) auction mart. As he could not sell the stock at his mart without having them there, he interviewed defendant in Auckland and it was then arranged that the auction should be held on the farm. On the same occasion defendant instructed him to arrange for a motor car to convey the passengers to the farm. He did 60 and several possible buyers and defendant travelled by it. No sale resulted and ho rendered his account, which amounted to £lO 2s, £8 of which defendant had paid foi advertising, etc, but refuted to admit liability for the balance. Plaintiff explained that he had inspected the farm twice and also took a trip to town and sent several telegrams, all in connection with the sale, for which he had only charged £1 29 —By Mr Mahoney : He was not aware that defendant was possessed of a motor car. The fee chargeable for unsold properties ranged from £2 2s to £5 ss. No express contract was arranged for a fee in the event of a non-sale. Henry Dell, land agent, Pukekohe, gave evidence to the effect that there was no established custom in Fukekohe in reference to a fee for non-sa'e. Defendant admitted having instructed plaintiff to auction the property and stock, etc., but contended that provision was made that no fee was to be charged in the event of the auction proving futile. When plaintiff waited on him in Auckland he mentioned that he had a motor car which could be used in Pukekohe on the day of the sale to convey intending buyers to the propeity. Montefred Wright, resident representative in Pukekohe of Messrs Vaile and Sons, land agents, Auckland, stated that it was not his firm's custom to charge a fee when a property was offered for sale and not sold. He had only failed twice to sell properties in Pukekohe, and on both occasions no fee wao charged. The Magistrate considered that it was the usual thing for au auctioneer to receive a fee when a non-sale eventuated, and he accordingly gave judgment for plaintiff for the amount claimed, with Court costs 7s, plaintiff's expenses 10s and solicitor's fee £l.