The Gazette 1961 - 64

Circuit Court Judgment. The Plaintiff Kennedy did not appear, but it was stated that there was a sum of £8 61 standing to his credit in the High Court. The learned President accordingly ordered that the Accountant should pay to the defendant John Maher by way of Equitable Execution of the said funds standing to the credit of this action the sum of £153 175. 6d. to be applied by him in satisfaction of the said judgment, and the sum of £3 33. od. costs awarded to the Plaintiff by the Circuit Court on ist November 1962, and the further costs of 10 guineas on the application. Estate Agent's Commission on a Sale proving abortive. The Court of Appeal in England has recently held that an estate agent is not entitled to recover commission from his client, the vendor, where a sale has fallen through. The owners of a caf6 business, who carried on business in leasehold premises, instructed the defendant estate agents to find a purchaser for it. The vendors signed a printed form containing particulars of the business by which they appointed the defendants to be their agents and instructed them to do their " utmost to introduce to us a person willing and able to purchase the business, upon the terms overleaf." The form then stated between brackets, " Commission 10 per cent., minimum £50." Overleaf it was provided as follows : " Terms : (the estate agents) will do its utmost to introduce to us as vendors a person willing and able to purchase the business described overleaf, upon the following terms : (i) (the estate agent's) commission of 10 per cent, on the agreed price, subject to a minimum of £50, will be payable in any of the following events :— (a) If a sale results to a person introduced to the vendor by (the estate agents), (b) If a prospective purchaser introduced as aforesaid signs a binding contract for sale, (i) If (the estate agents), or solicitors for either vendor or purchaser, receive a deposit on the agreed price from a person willing and able to purchase the business, who has made a firm offer at the agreed price, (d) If (the estate agents), or solicitors for either vendor or purchaser, receive a deposit on the agreed price from a person who does not withdraw the deposit within a period of 30 days from the actual date of deposit." The agents found a purchaser who paid to them a deposit of £90 on the basis of the agreed price of £900. The purchaser duly signed a contract to purchase the property which incorporated the National Conditions of Sale. Ultimately the lessor, whose consent was required to the assignment of the lease to the purchaser, refused his consent on the ground that the intending purchaser's financial

the case had not been proved. The justices, after hearing his argument, dismissed the information. Although there was a dispute as to the words used by the chairman when he first announced the decision, it was clear that, whatever the version was, he intended and was understood to find that the case had been proved and the fine would be £3, It was clear from the authorities that there could be a complete and effective conviction although it had not been entered in the register. Counsel for the defendant, while admitting that principle, argued that it did not follow that justices were/#«