"AGENTS SCUABBLE"

Rotorua Morning Post, Volume 1, Issue 132, 27 January 1932, Page 6

"AGENTS SCUABBLE"

DISPUTE OVER COMMISSION ON SALE OF KAHAROA PROPERTY S.M. ADJOURNS CASE A disputed claim for commission between two firms of land agents was heard before Mr. S. L. Paterson, S.M., in the 'Rotorua Magistrate's Court yesterday, when F. W . Kemp and Co., of Hamilton, and C. E. Brooke and Co., of Auckland, both proceeded against Jessie Shuttleworth, of Ngongotaha, widow, and Peter Gordon, of Toko, farmer, as trustees in the estate of Samuel Shuttleworth, deceased. The dispute concerned the sale of a property at Kaharoa belonging to the deceased Shuttleworth to Charles Hunt, of Auckland, both firms claiming land agents' selling commission from the trustees of the estate. Mr. C. P. Nutsford, of Auckland, appeared for Brooke and Co., Mr. L. Tompkins, of Hamilton, for Kemp and Co.. and Mr. J. D. Davys, of Rotorua, for the defertdants. The sale was admitted, and by consent of the solicitors engaged, the two claims were heard together.

The plaintiffs, Brooke and Go., claimed that under an authority dated September 10, 1931, it had been agreed by S. M. Shuttleworth, on behalf of the trustees, that £100 would be paid as commission on the sale of the property, and that a contract of sale having been completed with Mr. Hunt, the commission agreed upon was due to them.

The second iirm oi piamtirrs, ivemp and Co., claimed that they also had acted under an authority to sell and that they had been responsible for the sale. They accordingly claimed commission totalling £65, at the rate of £2 10s per cent. on the purchase price. After hearing evidence at some length, the Magistrate suggested that the parties might arrive at a settlement without proceeding further. He did not consider that the defendants should be called upon to pay the costs of a squabble between two firms of land agents, and intimated that in the event of the case proceeding costs might be' against the plaintiffs. The case was finally adjourned until the afternoon to allow the terms of a possible settlement to be discussed. When the court resumed, it was announced that a satisfactory settlement between the parties had been completed.