CA 17 December 1992. The defendant H was the owner of a nursing home. He instructed the plaintiff, C, an estate agent, to sell the property. C wrote to H saying his commission would be 1.5% plus VAT. A buyer was found almost straight away offering the asking price. H thought this meant that he was selling too cheaply so he took the property off the market for a while, putting it back on on different terms and at an asking price of £925,000. Various people, including W, were shown the property but nothing came of them. On 17 June 1989 H instructed another firm of agents, G, who were to be sole agents at a commission of 2%. In June H held a meeting with the local planning authority where they lent their support to a plan to increase the floorspace area of the nursing home by 50%, increasing the number fo residents to 34. Meanwhile G had been in contact with W who they knew to be interested in nursing homes. W viewed the property and made an offer of £935,000. Both agents claimed commission.