Cases - Green v Bartlett

Record details

Name

Green v Bartlett

Date

(1863)

Citation

14 CBNS 681

Keywords

Estate agency - commission

Summary

The defendant authorised the plaintiff to offer the island of Herm for 'sale by public auction, or otherwise'. The property failed to reach the reserve so was unsold. A Mr Hyde attended the auction but did not bid as he had not seen the island. The plaintiff continued to try to find a purchaser but 10 days after the auction the defendant wrote to the plaintiff saying he had withdrawn the island from sale for the present. At this time the defendant was negotiating with Hyde for the sale of the island, and eventually the sale to Hyde was completed. The plaintiff sought commission for the sale under the terms of the agreement which allowed for a private sale.

The court took the view that, as the purchaser attended the auction, the purchase must be taken as being brought about through the means of the plaintiff, and so he was entitled to commission.