John D Wood and Co (Residential and Agriculture Ltd) v Craze
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 2658 (QB), 30 November 2007. Finds that in a case concerning contract law between the seller of a house and an estate agent, the Master of the Rolls could be expected to resolve the case without need for determination by trial. The appellant (C) appealed against the master's decision to refer the case to court. C had instructed his estate agent (W) to find a higher selling price for his flat than other agents. W had done this and introduced a prospective buyer, who required that there be no disputes or complaints surrounding the flat. C reported one noise related incident which had resolved years earlier. When the buyer discovered this to be a misrepresentation, the deal fell through. W claimed that commissions were still due from C, who denied this. "Held": The Master had erred in failing to determine the legal issues. Although the contract between C and W was unconditional it was defective and could not therefore be enforced. W had been unable to demonstrate C's liability. C's fraudulent misrepresentations had been made prior to the drafting of the contract. There was no case for quantum meruit. Appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 142571-2001 |
[2007] EWHC 2658 (QB), 30 November 2007. Finds that in a case concerning contract law between the seller of a house and an estate agent, the Master of the Rolls could be expected to resolve the case without need for determination by trial. The appellant (C) appealed against the master's decision to refer the case to court. C had instructed his estate agent (W) to find a higher selling price for his flat than other agents. W had done this and introduced a prospective buyer, who required that there be no disputes or complaints surrounding the flat. C reported one noise related incident which had resolved years earlier. When the buyer discovered this to be a misrepresentation, the deal fell through. W claimed that commissions were still due from C, who denied this. "Held": The Master had erred in failing to determine the legal issues. Although the contract between C and W was unconditional it was defective and could not therefore be enforced. W had been unable to demonstrate C's liability. C's fraudulent misrepresentations had been made prior to the drafting of the contract. There was no case for quantum meruit. Appeal allowed.