[auctioneers' fees]

Hayes v. Stracey

Supreme Court of Van Diemen's Land

9 July 1835

Source: Courier, 17 July 1835[1]

On Friday the case of Hayes v. Stracey excited considerable interest. It was an action upon a bill of exchange, the consideration of which was the value of certain goods, sold by the defendant as an auctioneer for the plaintiff. There were other counts for the amount for which the same goods were sold. The defence was set off for commission on the goods so sold, advertising, and travelling expenses, and also for commission on a farm sold at the same time for the defendant under the following circumstances -

The farm was mortgaged for a sum of £350 including interest, and knocked down at £455 - the defendant claimed the commission as auctioneer on the whole sum of £455, at 5 per cent. The plaintiff contended that as the farm was sold subject to the mortgage, and the upset price was that amount, the defendant had a right only to his commission on the surplus of £105.

The Court appeared to be of opinion with the defendant, but the Jury returned a verdict for the plaintiff for £17 10s, an amount which negatived the defendant’s claim to commission beyond the £105, and allowing his commission at 5 per cent on that sum, and the other items of his set off.

The Attorney-General for the plaintiff; Mr. Horne for defendant.

Notes

[1] See also Tasmanian, 17 July 1835. AOT SC 26/9 records this case as an assumpsit on a Bill of Exchange. Stracey was John Charles Stracey, auctioneer of Hobart, see G.P.R. Chapman, ‘Walter Angus Bethune (1794-1885)’, ADB, vol. 1, p. 96.