First Division 15 March 1991. An action raised by estate agents (C) of payment in the sherriff court for commission allegedly exigible in respect of an aborted public house sale. The missives of sale and purchase had been conditional on an effectual transfer of the licence being made by the licensing board in favour of the purchaser. The transfer had never materialised. The publican had contended that no commission was due as the missives had not been implemented. The sheriff granted decree de plano which was reversed by the sheriff principal. C appealed to the Court of Session which held that the most important consideration in deciding the issue was the proper construction of the particular contract between agent and principal and the meaning of the clause in question was the conclusion of the missives, at which stage there was a completed bargain, since that was when the agents` function came to an end. Appeal accordingly allowed.