Mayor`s and City of London Court, 2 November 1990. The plaintiffs (A) received instructions from solicitors representing the defendant (W) to sell a flat. The solicitors mentioned that a Mr E was ineterested in the property and in fact he eventually completed the purchase. In October 1988 A's instructions, including sole agency, were agreed. A contacted Mr E, who after being shown around the flat by A's representative, made an offer of £300,000. This offer was rejected and A instructions were terminated. Mr E was informed but he did not lose interest making a further appointment with A to view the flat, A having retained the key due to an oversight by W. W were aware of this and by a letter dated January 1989 confirmed withdrawal of instructions from A, stating that they were placing the property with other agents, B. Mr E contacted the new agents with an offer of £340,000. This sale was completed. A requested commission which was refused. Judgement was given for the defendants.