Desousa v Howitt et Al

• Jurisdiction: Barbados
• Judge: Williams, J.,Worrell, J.
• Judgment Date: 14 November 1975
• Docket Number: No. 55 of 1975
• Date: 14 November 1975
• Court: Divisional Court (Barbados)

Divisional Court

Williams, J., Worrell, J. (Ag.)

No. 55 of 1975

Desousa

and

Howitt et al

Appearances:

Mr. H. Moseley for the appellant

The Respondents did not appear nor were they represented

Contract - Agency — Commission.

Facts: This was an appeal by the appellant, a real estate agent, against the decision of a magistrate rejecting her claim for $825 balance of real estate commission allegedly due to her from the respondent on sale of their property to a purchaser introduced by her — There was a dispute concerning the rate of commission decided between the parties — Whether the appellant agreed to accept a reduction in her commission.

Held: On the facts found by the magistrate, the respondent was obliged to pay $128.00 to the appellant.

DECISION:

1 This is an appeal by Theresa DeSousa, a real estate agent, against the decision of the magistrate at District “A” rejecting her claim for $825 balance of real estate commission alleged by her to be due from the respondents on the sale of their property to a purchaser introduced by her.

2 There was dispute as to the rate of commission to be paid to the appellant on the transaction. The magistrate found that the plaintiff was to be paid a commission on the sale based on $160, 000 at the rate of 5%, on the first $40,000 and 3% on the balance. This amounts to $5,600.

3 It is not in dispute, and the magistrate found, that the appellant agreed to accept a reduction of $275 in her commission so as to round off the figure originally agreed to be payable by Mr. Boguslawski to $173,000.

4 There was dispute whether the appellant agreed to a further reduction in her commission and the magistrate accepted Mrs. Howitt's evidence on the point in preference to the appellant's and found that the appellant had so agreed. However, according to Mrs. Howitt's evidence this could...