Christie Owen & Davies Plc v Raobgle Trust Corporation

Christie Owen & Davies Plc v Raobgle Trust Corporation

The partnership between Messrs Pavlou, Tsaroullas, and Kimitri existed at the time of purchase, and the introduction of Mr Kimitri constituted an introduction to a purchaser under the agency contract, entitling the agent to commission.

Parties
Claimant/appellant: Christie Owen & Davies plc; Defendant/respondent: RAOBGLE Trust Corporation
Jurisdiction
England and Wales
Judgment Date
13 October 2011
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal allowed
Legal Topics
Agent's Commission, Partnership Formation, Sole Selling Rights, Introduction of Purchaser
Contract Law Agency Law Agent's Commission Partnership Formation Sole Selling Rights Introduction of Purchaser

Case Brief

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Parties

Christie Owen & Davies plc

Claimant/appellant

RAOBGLE Trust Corporation

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether a partnership existed at the time of purchase for purposes of agent's commission
  2. 2 Whether the introduction of Mr Kimitri constituted an introduction to a 'purchaser' under the agency contract

Ratio Decidendi

The partnership between Messrs Pavlou, Tsaroullas, and Kimitri existed at the time of purchase, and the introduction of Mr Kimitri constituted an introduction to a purchaser under the agency contract, entitling the agent to commission.

Court Disposition

Appeal allowed

Orders

  • Agent is entitled to its commission