Cases - Lewis & Graves v Harper

Record details

Name

Lewis & Graves v Harper

Date

[1979]

Citation

1 EGLR 43

Keywords

Estate agency

Summary

The defendant instructed the plaintiff agents to sell his house. There was no understanding as to the rate of commission, but it was understood that the basis of remuneration should be by way of commission. After the sale was completed, the agents sent a bill to the defendant for £286 based on the old scales laid down in the Estates Gazette. When this was challenged, the plaintiffs stated that it was the going rate but offered to reduce it by £10. The defendant claimed that a fair and reasonable sum would not exceed £100. As there was an agreement for payment by commission, quantum meruit was not in issue. Therefore, it was for the court to determine what a reasonable commission would be in the circumstances of the case. The county court judge awarded the £276 claimed, and the Court of Appeal found no reason to disagree.