CLAIM FOR COMMISSION.

Taranaki Daily News, 2 September 1920, Page 6

CLAIM FOR COMMISSION.

SALE OF A URENUI FARM. At the Magistrate's Court at Hawera, yesterday, before Mr. T. A. B. Bailey, S.M„ Peter F. Donnelly (Mr. F. C. Spratt) sought to recover from Peter T. Pederson (Mr. Beechey) a sum of £W 10s as commission on the sale of the lease in perpetuity of a farm in the Urenui district, Upper Waitara. The plaintiff stated that he was a land agent carrying on business at Hawera. He received authority from defendant to sell his lease in perpetuity of 000 acres. He found a buyer named G. Hunt, who, when told the pi ice, made a lower offer. Witness, Hunt, and Pederson went to the office of Messrs. Welsh, McCarthy and Beechey, and an agreement between Hunt and Pederson was drawn up. Witness was informed that, Mr. Ashworth was the landlord, and that there would be no difficulty about getting his consent to the transfer. This was the first time he had heard Ashworth's name. Pederson assured him that there would be no difficulty in putting the sale through if a buyer was obtained. Hunt top!; possession and paid a deposit of £OOO. By March, 1920, Hunt had left the place, and it became necessary to put the lease up by auction. Witness had sent accounts for commission to defendant several times, and he had, while taking exception to the claim for full commission, admitted that witness was entitled to something. By Mr. Beechey: He was charging 2% per cent, on £2700. Pederson said he had been told by a returned soldier that there would be no difficulty about the transfer. The discussion did not take place before the authority was signed. He did not know that Pederson was not the absolute owner of the he knew that a third signature Was required. Witness was not shown a letter by a firm of Feilding solicitors, in which it was stated that the third party would sign. Nothing entered into the mind of witness to upset his calculation that there would be no difficulty about the signature. Mr. Beechey: Would you expect to receive a commission in the event of the Laud Board refusing to consent to the transfe'r? Witness: In that case he would have to leave himself in the hands of Pederson. The form of authority was to sell, and he held that he had sold, though (here was no transfer. The Magistrate reserved his decision,