Pemberton v Action Realty Ltd - [1986] 1 NZLR 286

Real estate agents — Agent's claim for commission — Failure to collect deposit — Agent introduced purchaser and sale agreement was executed — Contract provided for payment of the deposit "immediately upon execution of this agreement" — Agent accepted cheque for deposit post-dated to day after settlement date — Vendor unable to settle and sale agreement rescinded by purchaser — Cheque dishonoured — Whether agent had fulfilled contract of agency and was entitled to commission.