Foalquest Ltd v Roberts
Language: English Series: Estates Gazette ; (1990) 21 EG 156-163(4)Publication details: 1990Subject(s): Summary: CA 25 October 1989. Appeal by Foalquest (F), from a High Court decision dismissing a claim by F as assignee of a debt alleged to be due from Roberts (R). The debt was in respect of renumeration owing to a financial consultant, Nicholas David (D), in connection with the purchase and sale of an office block. The litigation arose out of the sale of the building to Monarch Assurance. D was assignor of the debt on which F sued as assignee. He claimed various items of renumeration: an acquisition fee , a letting fee and a commission on subsequent sale. The acquisition fee was paid to D and it was the balance claimed to be due to him which was the subject of the assignment to F. High Court found that D was entitled to the commission on the subsequent sale. F`s entitlement to claim the balance, reduced by the judge`s finding, as the assignee depended on the true liability of R. Had he as an agent for Monarch Assurance, contracted personally so as to make himself personally liable. R contende| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42786 (Browse shelf(Opens below)) | 1 | Available | 38818-1001 |
CA 25 October 1989. Appeal by Foalquest (F), from a High Court decision dismissing a claim by F as assignee of a debt alleged to be due from Roberts (R). The debt was in respect of renumeration owing to a financial consultant, Nicholas David (D), in connection with the purchase and sale of an office block. The litigation arose out of the sale of the building to Monarch Assurance. D was assignor of the debt on which F sued as assignee. He claimed various items of renumeration: an acquisition fee , a letting fee and a commission on subsequent sale. The acquisition fee was paid to D and it was the balance claimed to be due to him which was the subject of the assignment to F. High Court found that D was entitled to the commission on the subsequent sale. F`s entitlement to claim the balance, reduced by the judge`s finding, as the assignee depended on the true liability of R. Had he as an agent for Monarch Assurance, contracted personally so as to make himself personally liable. R contende