EX-LAND SALESMAN.

Taranaki Daily News, 29 November 1919, Page 5

EX-LAND SALESMAN.

SUES AGENT FOR COMMISSION AND MOTOR EXPENSES. In the Hawera S.M. Court yesterday Henry Walter Harrison, farmer, Mokoia, proceeded against Charles Edgar Hollard, land agent, Hawera, for £56 10s. made up as follows: £26 10s for commission on sales of property, £2O for tyres on motor car, and £lO depreciation of car, while in the defendant's employ as land salesman. Mr. L. A. Taylor appeared for the plaintiff, and Mr. E. Marshall for the defendant. Plaintiff deposed that in March last he entered the employment of the defendant as a land salesman. Witness left the defendant's employment about the end of June last. The arrangement made with the defendant was that would receive £5 per week and was to be paid for the upkeep of his car. Subsequently he spoke to the defendant about commission, and lie agreed to give witness 10 per cent., and also mentioned the question of partnership. Witness left the defendant's employment to take up a farm. Later witness approached the defendant for commission, but he refused to pay it. Defendant deposed that plaintiff was employed by him as a land salesman at £5 per week. Plaintiff was to provide his own car and witness was to pay all repairs and cost of upkeep. He never agreed to pay the plaintiff 10 per cent., but he told the plaintiff that if at the end of the first year the results showed good profits it was very likely that he would give him a commission—not necessarily 10 per cent., it might be 5 per cent. The Magistrate, in reviewing the case, said he did "not think there was any agreement that defendant should pay for depreciation of the car, but only the running expenses. He found that plaintiff had used about two-thirds of a set of tyres, worth £32. He would allow plaintiff £4 for tyres. It was quite dear from the evidence of both parties that commission was discussed—that it was held out as a bait to plaintiff and subsequently withdrawn. He would allow the ploim for commission. Judgment would be for the plaintiff for £25 10s commission, and £4 for tyres, a total of £2!) 10s, with costs as on that amount.—Star.