SCOTT v. WILLMORE & RANDELL

[1949] VLR 113·FULL COURT (HERRING C.J., GAVAN DUFFY and O’BRYAN JJ.)
[1949] VLR 113
1949 VLR 113
SCOTT v. WILLMORE & RANDELL Supreme Court of Victoria FULL COURT (HERRING C.J., GAVAN DUFFY and O’BRYAN JJ.) November 3, 5, 8, 1948, 17 December 1948 Principal and agent — Commission — Agent authorized to "sell" — Agent introducing purchaser — Vendor and purchaser executing contract — Absence of proof purchaser able to complete contract — Agent entitled to commission on execution of contract .

The plaintiff requested the defendants, who were estate agents, to “sell” his property for him and agreed to pay the ordinary estate agent’s commission. The defendants procured a person to sign a contract of sale and the plaintiff also executed the contract. The trial judge was not satisfied that the purchaser was able to complete the purchase by paying the balance of purchase money at the due date and disallowed the defendants’ claim for commission.

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[1949] VLR 113

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