AGENT’S CLAIM FAILS

Sun (Auckland), Volume I, Issue 149, 14 September 1927, Page 16

AGENT’S CLAIM FAILS

ACTION FOR COMMISSION “EXCHANGES BAD BUSINESS” Judgment with costs to the defendant was given in the Magistrate’s Court yesterday by Mr. F. K. Hunt, S.M., in an action for £32 10s, commission, brought by Robert Hall Wood, an Auckland land agent, against Daniel Poole, a railway servant, for whom he had exchanged a house at Frankton for three sections at Point Cheyalier, For the defence, Mr. E. H. Northcroft alleged that Wood, by his conduct, had disentitled himself to commission. He contended that Poole had been misled by Wood and one Donell, the owner of the sections, and a land speculator, as to the value of the sections. Mr. Jordan, for plaintiff, contended that Poole was fully aware of the value of the sections before he agreed to the exchange, and had given the proposition every consideration. “This is a clear case of principal and agent," said Mr. Hunt, in giving judgment. “The agent has a duty to the principal. The defendant was relying on the agent in question in taking over the sections, belonging to a speculator, Donell. He was aware that defendant could not possibly pay the interest on them. Judges and magistrates have long pointed out that exchanges are bad business. The agent should treat the business of his client as he would his