LAND AGENT'S COMMISSION

Taranaki Daily News, 18 April 1918, Page 2

LAND AGENT'S COMMISSION

AN* ELTHAM CASE. Mr. A. Crooke, S.M., has delivered his reserved judgment in the action of Wheeler v. MeGarry, to recover half commission received by defendant over ian exchange of properties—an auction mart at Eltham and a farm at Tarata. Details of the case, which have already been published, were set out in the judgment. With regard to the points of law raised the Magistrate held that it was not necessary, where a land agent claimed half commission from another land agent, that the former should receive an authority i n writing from the person whose property has been sold bv the other agent, nor did he think that section 4 of the Secret Commission. Act applied to a case when an agent introduced a prospective purchaser to another agent who effected the sale on the understanding that the commission was to be shared. It is, he said, peculiar to find a land agent raising the point considering it is a general usage among land agents to share commission in this way. His Worship allowed the claim for commission on leasing the mart (£l3 3s), and on the sale of the spirit license (£ll ss), but disallowed the claims for extension of mortgage and financing £IOO- He reduced the claim for motor hire by one half as defendant used his own car. Judgment was given for £2l Is 6d and costs £l3 13s M. At the hearing Mr- Crump appeared for the plaintiff and Mr. Morrison for defendant.