Cases - Trinder (John E) & Partners v Haggis

Record details

Name

Trinder (John E) & Partners v Haggis

Date

[1951]

Citation

WN 416

Keywords

Estate agency - commission

Summary

The commission clause provided that:

'In the event of us being successful in introducing a person willing to sign a contract to purchase at an agreed price, you will pay us ... commission ...'.

The agents found a person who signed a contract at a price authorised by the vendor and paid a deposit. The vendor then decided not to sell and refused to sign his part of the contract.

The Court of Appeal held, by a majority, that commission was due as the terms of the commission agreement had been met. The purchaser had done all in his power to indicate that he was a ready and willing purchaser on the terms stated. The argument that 'willing to sign a contract' meant introducing a person who had signed an enforceable contract was 'over subtle'. The words covered the events in this case.