CLAIM FOR COMMISSION.

Taranaki Daily News, 26 June 1918, Page 6

CLAIM FOR COMMISSION.

I PLAINTIFF NOKJSOEPED.

In the New Plymouth Magistrate's Court yesterday, bkore Mr. A. Crooke, Sjyi., Norman O. Wmkletoaim (Mr. R. C. Hughes) claimed from the TaranakiOils Company (Mr. A. H. Johnstone) £36, as commission on the sale of certain parts of the plant of the company, on the gTound that he was the only person authorised to sell. It was admitted that Winklemann had authority to sell in September, 1916, but was not the only selling agent- Winklemann had sold certain goods, but had not accounted for the whole of the proceeds, and the company had obtained judgment against him tor the unpaid balance- The company went into liquidation in February, 19KT, and the liquidator (Mr. J. S. S. Medley) gave no further instructions to Winklemann to sell. In fact, in view of other inquiries concerning the plant, it was withdrawn from Winklemapn's hands. The plant wag ultimately sold, but not to a client introduced by Winklemann. Counsel for plaintiff said that Winklemann had made an honest attempt to dispose of the plant, and it was not withdrawn from his hands until 'lie eve of its sale to the purchasers, with whom Winklemann had been in communication some months before. On the application of Mr. Johnstone, after having heard the evidence, a nonsuit was granted, the Magistrate holding that plaintiff had not %een instrumental in introducing the purchasers". Costs amouting to £2 83 were allowed*