000			01420cab a2200181 4500
001			ABS39150
008			090401t1988 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u14694
041			_aeng
245			_aBarnard Marcus and Co v Ashraf
260			_c1988
350			_a0
490			_aEstates Gazette _v(8818) 7 May 1988 67-71(3)
520			_aCA 27 January 1988. An appeal by Barnard Marcus and Co (BM) as auctioneers from a county court decision rejecting their claim against the defendant (A) for commission on the sale of A`s house. A had instructed one firm of auctioneers to sell his property, and when they failed to make a sale, he instructed BM without withdrawing the instruction to the first firm. Terms were arranged with BM. BM did not get the property into their January sale, but informed A that the property would be in their February sale. On 15 January the property was sold by the original firm who received commission. BM claimed that commission was payable in accordance with their terms. This was disputed. In the county court the judge rejected the claim for commission but awarded BM the withdrawal fee specified. BM appealed. CA rejected A`s suggestion that the terms of the contract had been varied to exclude a sale other than by auction, or that the contract had been terminated as BM failed to get the property in
690			_aAuctioneering _96218
942			_n0
948			_c04/03/1997
999			_c9589 _d9589