Ryan v Horton [1911] HCA 10

Ryan v Horton [1911] HCA 10

There was evidence upon which a reasonable jury could conclude that the sale of land was brought about by the plaintiff's instrumentality, and the issues left to the jury were agreed by both parties. Therefore, the verdict should be restored and a new trial was not warranted on a point not raised at the trial.

Parties
Appellant; Plaintiff: Michael Joseph Ryan; Respondent; Defendant: Henry Horton
Jurisdiction
Australia
Judgment Date
05 May 1911
Procedural Posture
Appeal / High Court of Australia, on Appeal From Supreme Court of New South Wales; Appeal From Grant of New Trial, Seeking Restoration of Verdict for Plaintiff
Outcome
Appeal allowed; verdict for plaintiff restored.
Legal Topics
Agent's Commission Entitlement, Sale of Land, Revocation of Authority, Causation in Agency
Agency Contract Law Agent's Commission Entitlement Sale of Land Revocation of Authority Causation in Agency

Case Brief

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Parties

Michael Joseph Ryan

Appellant; Plaintiff

Henry Horton

Respondent; Defendant

Procedural Posture

Appeal / High Court of Australia, on Appeal From Supreme Court of New South Wales; Appeal From Grant of New Trial, Seeking Restoration of Verdict for Plaintiff

Legal Issues

  1. 1 Was the plaintiff entitled to commission as agent for bringing about the sale of land to Major Smith?
  2. 2 Did the plaintiff's efforts instrumentally result in the sale?
  3. 3 Was the plaintiff's authority revoked before sale?

Ratio Decidendi

There was evidence upon which a reasonable jury could conclude that the sale of land was brought about by the plaintiff's instrumentality, and the issues left to the jury were agreed by both parties. Therefore, the verdict should be restored and a new trial was not warranted on a point not raised at the trial.

Court Disposition

Appeal allowed; verdict for plaintiff restored.

Orders

  • Appeal allowed
  • Supreme Court order granting new trial set aside