Walker, Fraser, & Steele v. Fraser's Trustees [1909] ScotLR 187 (16 December 1909)

Walker, Fraser, & Steele v. Fraser's Trustees [1909] ScotLR 187 (16 December 1909)

The agents' repeated efforts in bringing the estate to the purchaser's attention and providing information over several years materially contributed to the sale. Actual introduction of the purchaser to the seller is not necessary for commission entitlement if the agent's actions were a material factor in the sale.

Citation
[1909] ScotLR 187
Parties
Pursuer: Walker, Fraser, & Steele; Defender: Fraser's Trustees (representing John Fraser, deceased)
Jurisdiction
Scotland
Judgment Date
16 December 1909
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
Appeal dismissed; decree for pursuers affirmed with variations to findings.
Legal Topics
Estate Agent Commission, Right to Commission, Agent and Principal, Causation in Entitlement to Commission
Agency Law Contract Law Estate Agent Commission Right to Commission Agent and Principal Causation in Entitlement to Commission

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Parties

Walker, Fraser, & Steele

Pursuer

Fraser's Trustees (representing John Fraser, deceased)

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether estate agents are entitled to commission when the sale is not directly effected through their introduction but their actions materially contributed to the sale.
  2. 2 Whether actual introduction of purchaser to seller is necessary for commission entitlement.

Ratio Decidendi

The agents' repeated efforts in bringing the estate to the purchaser's attention and providing information over several years materially contributed to the sale. Actual introduction of the purchaser to the seller is not necessary for commission entitlement if the agent's actions were a material factor in the sale.

Court Disposition

Appeal dismissed; decree for pursuers affirmed with variations to findings.

Orders

  • Vary the interlocutor of the Sheriff-Substitute by correcting findings as to the timing and nature of the agents' involvement.
  • Affirm the interlocutor as thus varied.