EARNING A COMMISSION.

Taranaki Daily News, Volume LIII, Issue 44, 1 June 1910, Page 7

EARNING A COMMISSION.

THE DUTIES OF A LAND AGENT. A point of considerable interest to farmers and property owners was decided in the Magistrate's Court yesterday by Mr. L. G. Keid, S.M., when his Worship delivered his reserved judgment in the case of Gilmour and Clarke v. Be!slutw and Schmidt, farmers, at Okan,-for £l7 10s, commission alleged to be due upon the sale of defendants' property to Willie Greenwood. After reviewing the facts as stated in the evidence, when the case was heard a fortnight ago, his Worship proceeded:—"lt was contended by counsel for defendants that it was necessary for! the plaintiffs to do something more man 1 was done in this case before they could! establish their claim. It wa» said that [ not only should a person have been sent) ! out by the agents, but that something should have been done by them in the, way of preparing an agreement or of completing the contract. As it appears to me, neither of these conditions was' essential and both were practically dis-! pensed with by the act of the parties'."| His Worship referred to the cases cited .in support of the contention. He kad examined those eases, but they did not in his view support the contentions put! forward and they were clearly distin-l guishable from the present case. It was 1 unnecessary to refer to the many cases affirming the proposition that if an agent or factor brought about the relationship of buyer and seller, and binding eontract was entered into between the latter, the agent was entitled to his commission. His Worship cited two castes. In that of Latter v. Parsons, decided by tlie Court of Appeal of New Zealand, the cases were collected and reviewed by tlie Chief Justice. Sir Robert Stout. In the course of his judgment in that case lie stated: "There are other cases that may be referred to, but, as I have said, they ail turn upon the special terms' of tlie contract. The cases cited, however, show that there is no special bargain. The understanding is that a commission is earned on a sale even if it should not be completed, especially if fie vendor has entered into the agreement for sale himself, and. so to spea'k, lias taken upon himself the responsibility of approving of the purchaser, as in this' case." Judgment was given for plaintiffs for the amount claimed and costs. The costs were: Witnesses' expenses. ££ ].">s fid; solicitor's fee, £1 (is: Court costs £1 18s.