Cases - Edmonds v Andrew & Ashwell

Record details

Name

Edmonds v Andrew & Ashwell

Date

[1982]

Citation

1 EGLR 36

Keywords

Estate agency

Summary

The plaintiffs were selling their café business in Leicester through the defendant agents. After exchange of contracts, but before completion, the defendants handed the keys to the purchasers. The purchasers failed to complete and eventually left the premises. In an action for damages, the plaintiffs claimed that the defendants had been negligent in handing over the keys before completion, contrary to instructions from the plaintiffs' solicitor. On the facts, the judge found no negligence or breach of contract.

The plaintiffs had packed up and left the premises preparatory to moving to Norfolk for Christmas. At the time, the purchasers wanted the keys to check the condition of the stock and that the premises had been vacated. The agent reasonably believed that by handing over the keys he would be avoiding a breach of contract, and was acting in the best interests of his clients. There were perishables on the premises and the purchasers might have some complaint if the business was not run over Christmas and the New Year. Nobody at the time thought that the purchasers, reputable businessmen, would fail to complete.