000 01409cab a2200181 4500
001 ABS46651
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u59016
041 _aeng
245 _aChris Hart (Business Sales) Ltd v Currie
260 _c1992
350 _a0
490 _aScots Law Times
_v(1992) SLT 544-549(6)
520 _aFirst 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.
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 _n0
948 _c04/03/1997
999 _c36131
_d36131