LAND AGENT'S COMMISSION.

Taranaki Daily News, 6 December 1920, Page 4

LAND AGENT'S COMMISSION.

SUPREME COURT PROCEEDINGSSALE OF TOKO FARM. | A land agent's commission was the subject of a case beard in the Supreme Court .at New Plymouth on Saturday, before Sir Bassett Edwards and a • jury «f four. The plaintiff was Charles ■].i Rowe, agent, of Hawera (Ift?. V C. Spratt), and lie sought to recover from William H. Butler (now of Raliotu) (Mr. A. Coleman) the sura of £230 19s for commission on work done. The jury empanelled wis as follows: A. S. Hasell (foreman}, L. 1. Rea, R. Derby, .1. Rollo and E. H. Anderson. Mr. Spratt, in reviewing the facts for the plaintiff, said the cage was one wherein a land agent was ailing for commission for work done in pursuance of an authority given him to Mil certain farm property. The defendant was a farmer living at Toko, and early in * March of this year Moller, 'Howe's employee, who was in the distffot for the purpose of getting authority^'to sell a neighboring farm, also interviewed Butler, who signed an authority"'to sell his property. A day or two later Moller saw a man named Bradford; who was looking for a farm, and they later went out to see the property, and Bradford said it was the best he had seen during his search. One matter which he did not like, however, was the number of mortgages. After this Moller on several occasions saw Bradford, who replied that he had not done anything, but wquld see him again. About June 30 Bradford met Moller, and said lie had bought a farm out Toko way. In reply, to a question he said he did not like the | farm Moller showed him. As a matter of fact, said counsel, Bradford had gone behind the agent's back and secured Butler's property. The unfortunate part of the matter, from Butler's point of view, was, that another agent had stepped in and did*anything further to be done, in the matter of completing the negotiations. The second agents in the matter, were Graves and Co., of Hawera, and the business Was,, done through an employee named Bradford who was a brother of .Bradford, th« purchaser. Counsel remarked that it had been held in cases in which the fcireuinatances.were somewhat aimilai that,the vendor of a property might put himself in the position of having to pay two agents.

. Ei-idence was given by Jacob R.Moller, of Ha'wera, factory manager, T. Julian, of Toko, storekeeper, and C. J. Rowe. plaintiff.

For-defendant, Mr; Coleman contended that the efforts of Moller, plaintiff's salesman, were not'the effective cause of the sale. For about two months after J. W. Bradford was introduced to Butler's property he was going about Taranaki looking for a property, and actually took an option over one farm at Cardiff. He had dismissed the idea' of buying Butler's place from his mind, as lie did not like the four mortgages, and interviewed various agents about / securing a property. In company with his brother, C. H. Bradford, who was'ft land salesman, he went to different pkrts of the district. On one occasion they went to see some farms in the Toko district, and Butler's was next door to one of them: In his capacity as salesman, C. H. Bradford stopped outside Butler'* place and went in .to get an authority to sell, as he had been doing in, other cases earlier in the day. It was through C. H. Bradford getting better terms from the vendor, by securing the consolidation of the mortgages, that a sale was effected to J. W. Bradford.

Evidence was given by defendant and Bradford Bros.

The jury found in favor of plaintiff. The question of whether he was entitled to any allowance for commission on the sale of the stock and machinery was reserved. If it is held that he is eo entitled, judgment will be for the full amount, £230. If this commission is not allowed, judgment will be for £l7l 19s and costs.