APPEAL COURT.

Taranaki Daily News, 15 July 1921, Page 4

APPEAL COURT.

CLAIM FOR COMMISSION. GN SALE OF ELTHAM HOTEL. B> Telegraph.—Presa Association. Wellington, July 14. The Court of Appeal was occupied Ibis morning in hearing an appeal by Harry Gant, of Eltliam, hotelkeeper, against the judgment of Mr. Justica Reed reversing the decision of Mr % W\ G. Riddell, Stipendiary Magistrate, ati Wellington, in the Magistrate’s Courts. Fred Fanning, land agent, of Wellington, the present respondent, sued Ganff for £l5O, being commission which her alleged to be due on the sale of the hotel belonging to Gant. Fanning was nonsuited by the Magistrate. He then appealed to the Supreme Court, where the judgment of the Magistrate on th© nonsuit point was reversed. Gant then ap< pealed to the Court of Appeal. At the hearing this morning Mr. Ken. nedy appeared for the appellant, Gant, and Mr. Perry for tho respondent, Fan-* Mr. Kennedy for appellant submitted that Fanning had no authority to sell as required by th© Land Agents Act, 1912. He contended further that the document which Fanning provided to b© signed did not amount to an enforceable contract for the sale of what the agent had been authorised to sell. There was, he said, so much uncertainty in the contract for sale as to result in its not being a binding argument.