The Western Law Reporter (Canada) and Index-Digest Volume 16

The Western Law Reporter (Canada) and Index-Digest Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ... by the agent, the latter will be entitled to his commission, although the price paid should be less than the sum named at the time the employment was given. The mention of a specific sum prevents the agent from selling for a lower price without the consent of his employer, but it is given merely as the basis of future negotiations, leaving the actual price to be settled in the course of these negotiations." Now, Boyle v. Grassick comes within what was so laid down by Lord Watson. Boyle did not find a purchaser on the terms specified when the lands were listed with him, but he did find a purchaser on terms that one might consider substantially though not strictly the same, and he presented to the defendant a purchaser who was able and willing to purchase upon the terms that Boyle had agreed upon', and the defendant was satisfied with such terms. I.. wish to emphasise here, as it was emphasised in the judgment in Boyle v. Grassick, that the defendant refused to carry out the arrangement for reasons, as I thought at the time, that the defendant had no right to base his refusal on. The sale, therefore, went off by default of the defendant. The plaintiff having found a purchaser for a price and on terms that were satisfactory to the defendant, the defendant ought not-to have refused to sell the land on the ground set up by him, and the Court, therefore, held him liable for the commission. If there is a weak point in that case, to my mind it is this, that, the plaintiff_Boyle not having found a purchaser on the terms specifically proposed, the defendant had the right to reject the purchaser that was offered, no matter what the grounds for rejection were, and that he never accepted_the purchaser, and therefore never had the more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236746228
  • 9781236746221