COMPANY REPUDIATES CLAIM FOR COMMISSION

Sun (Auckland), Volume II, Issue 339, 26 April 1928, Page 1

COMPANY REPUDIATES CLAIM FOR COMMISSION

JUDGE’S BITING COMMENTS “ABSOLUTELY DISHONEST” (Special to THE BUS> CHRISTCHURCH, Thursday. “Oh, rubbish! Rubbish! Bless my soul, what are you talking about?** exclaimed his Honour in the Supreme Court during the hearing of evidence for the defence when James Martin Samson, an auctioneer of Dunedin, claimed £125 commission from the White Star Brewery, Ltd. Samson alleged that he had introduced to the defendant company a Mr. Rogers, who agreed to purchase a sublease of the Junction Hotel, Rangiora. Counsel said the White Star Company now dishonoured the undertaking of both its manager and Mr. Pascoe, who had agreed to pay the commission. He maintained the action was the same as one under the statute of frauds, and that it would be a fraud to allow the defendant company to rely on the fact that Mr. Pascoe had died to save it from paying the commission. Alfred James Lambert, a director of the White Star Brewery, said Anderson and Co. had been instructed to sell the lease, and at no time did he recognise Samson as the agent in the deal. When the. dispute over commission arose, a conference was held, and it was decided to pay £125. At the conference there was no undertaking as to who should receive the commission. His Honour: You ask me to believe that when the suggestion of commission was discussed it was not to paid to Samson? Witness: We agreed to pay the commission, but did not mention to whom it was to be paid. His Honour sayd Lambert understood perfectly well that he was to pay the commission. He came to court and gave false evidence. In the circumstances, it was absolutely dishonest for the company to repudiate the claim But for Samson the company would not have sold the property. Mr. Donnelly said in view of the circumstances he was certain some of the directors whom he knew would not countenance such repudiation. His Honour: I will not deliver judgment until I hear from the parties.