CLAIM FOR COMMISSION.

Taranaki Daily News, 9 December 1920, Page 6

CLAIM FOR COMMISSION.

SALE OF A FARM. BY UNLICENSED AGENT. Before his Honor Sir Bassett Edwards at the Supreme Court, New Plymouth, yesterday, the claim was heard of Thos. \V. Owen against Robert S. Brown, for the sum of £289 18s Od, being commission on the sale of a farm at Matemateonga, near Eltham, in July, l&lt). The ease was not the usual one of a land agent's demand for commission, but was a claim by a non-professional agent. Reviewing the case for the plaintiff, Mr. F. C. Spratt (Hawera) said that at the time of the transaction Brown, the defendant, was a sheep-farmer living in a district about 15 miles inland from Eltham. His property had already been placed in the hands of agents for disposal when he met plaintiff one day and told him he was thinking of selling his farm. The day after hearing this Owen was in Hawera and met a returned Bohlier named Robertson, whom he had known for some time. Robertson said he was looking for a farm and was thinking of going to Wanganui. It occurred to Owen that Brown's farm might suit, and he arranged a visit to the property, accompanying Robertson on the trip. Brown named a price at which the farm was subsequently bought. During the negotiations the chief discussion was on the terms of finance, and in this Owen acted as a kind of mediator.

The questions to be decided, Mr. Spratt said, were whether plaintiff.had been given a commission to sell and whether Brown had intimated at any time that lie would pay him. In this connection he thought it would be proved that there was an implied promise to pay. Brown had told Owen that he would not forget him, evidently meaning that there would be some payment. Evidence was given by plaintiff on the linen of counsel's remarks. A. M. Boddie. farmer, Mangamingi, said that on one occasion during conversation Brown had stated that he would have to pay Owen something in connection ■with the sale of the place. He thought the sum of £3OO was mentioned. For defendant. Mr. Weir (Eltham) submitted that plaintiff had not been able to make'out a claim and should he non-suited. rijj Honor said lie could not find any evidence of a promise to pay. He upheld the non-suit.