PRESTON V. EMMETT

PRESTON V. EMMETT

Because the schedule of furniture was not attached to the contract, the contract was incomplete as to an essential matter, and thus no commission was payable to the agent for the purported sale of hotel and furniture.

Parties
Plaintiff: Preston; Defendant: Emmett
Jurisdiction
Australia
Judgment Date
21 November 1946
Procedural Posture
Application for Leave to Appeal (treated as Hearing of Appeal) / High Court Hearing Following Full Court Order for New Trial
Outcome
Appeal allowed; order of the Full Court set aside; judgment of Mr. Justice Owen restored
Legal Topics
Agent's Commission, Contract Completeness, Sale of Hotel and Furniture
Contract Law Agent's Commission Contract Completeness Sale of Hotel and Furniture

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Parties

Preston

Plaintiff

Emmett

Defendant

Procedural Posture

Application for Leave to Appeal (treated as Hearing of Appeal) / High Court Hearing Following Full Court Order for New Trial

Legal Issues

  1. 1 Whether the agent was entitled to commission for the sale of a hotel and furniture where the contract was incomplete due to absence of a schedule identifying the furniture

Ratio Decidendi

Because the schedule of furniture was not attached to the contract, the contract was incomplete as to an essential matter, and thus no commission was payable to the agent for the purported sale of hotel and furniture.

Court Disposition

Appeal allowed; order of the Full Court set aside; judgment of Mr. Justice Owen restored

Orders

  • Order of the Full Court for a new trial set aside
  • Judgment of His Honour Mr. Justice Owen restored