Cases - Benham and Reeves v Christensen

Record details

Name

Benham and Reeves v Christensen

Date

[1979]

Citation

CLY 31

Keywords

Estate agency

Summary

Agents were asked by their client vendor not to erect a 'For Sale' board. A few days after exchange of contracts, the agents erected a 'Sold By' board.

The client telephoned the agents to express his annoyance and said that if the board was not removed immediately he would charge the agents 10% of their bill for advertising. The board was not removed. When the agents sent their account, the client paid it less 10% (£106.92). The agents brought an action to recover the £106.92 deducted from their bill.

The court held that the agent had broken the agreement but the defendant had suffered no damage and was merely annoyed. In the absence of any agreement or variation between the parties there was no basis in law for the 10% deduction. Nominal damages of £5 were awarded, so the agents were entitled to judgment for £101.92.