EXCHANGE OF LAND.

Taranaki Daily News, Volume LV, Issue 175, 11 December 1912, Page 2

EXCHANGE OF LAND.

CLAIM FOR COMMISSION.

Walter Bcwley, commission agent, proceeded against James 0. Taylor, of Waiongona, farmer ,_ in the Magistrate's Court yesterday, for the recovery of £oo, alleged to be owing 'to him as commission on an exchange of land, at the rate of 2% per cent, on the value ' ( £2000) of the properly to Henry Whitworth Davy. Mr. J. H. Quilliam, and with him Mr. A. Bewley, appeared for tme plaintiff, while the'defendant eonducted iiis own case. Plaintiff's story was thai; on .June 18 last the defendant wrote to him in the following strain: "Can you find me a good farm in exchange for the Hurlcyville general store?" As a result of this he introduced Davy to the defendant, and on July 10 the exchange was completed of defendant's .store for Daw's farm. Tayl or appeared to have been "well satisfied with his bargain, for shortly afterwards he placed the farm again in Bewley's hands l'or sale at an advance of 10s per acre. No objection was raised by the defendant to payment of commission till subsequently, when the account was sent in. Then he (Taylor) wrote repudiating liability, basing his objection on a ruling by Mr. Justice Edwards to the effect, contended Taylor, that land agents who induced owners to effect an exchange were entitled to a remuneration commensurate only with the value I of their services.

Defendant cross-examined Bewley with the object of demonstrating that the farm hail failed to come up to expectations, the advertisement setting forth its qualifications being an exaggeration. Owing to the nature of certain questions put by Taylor, his Worship pulled liiin up short, remarking that "this is not a Court of examination!" E. I<\ Gilmour, land and commission agent, was called by the plaintiff to •how that in June last the practice was that, in the absence of any arrangement, commission was charged at the rate of 5 per cent, on the first £IOO and V/ t per cent, on the remainder of the value of the client's property. Since then the scale had been slightly altered. Evidence was also given by A. F. Cornwall to a similar eil'ect.

Addressing the Court, Taylor claimed a non-suit, on several grounds, alleging among other things that the advertisement drawing his attention to the property was misleading. Instead of being able to carry 45 cows, as advertised, it was only carrying 20. Tarts of it, contrary to representations, were unplougliahle, and likewise it was not all in grass. Defendant also made other allegations, and contended that his own property should have been valued on a cash basis.

In giving judgment for the plaintiff for tin; full amount claimed, with costs £6 12s, his Worship said that the <■.vidence showed that the usual commission had been charged, and that the exchange had been completed. He saw no evidence to support the defendant's wild statements that lie had been misled. The defendant intimated his intention of appealing against the decision.