The estate agents, McCann, claimed a commission, earned as they alleged in their particulars of claim through the activities of persons they described as their ‘subagents’, a firm called Douglas and Co. They had taken a number of steps: they had prepared particulars, they had taken photographs, they had advertised the premises, they had prepared the particulars, they had sent the particulars to other agents. But they had not given the vendor’s name or telephone number to the ultimate purchaser.
Held: The claim was disallowed. The plaintiffs as principal agents had no authority to appoint sub-agents. Lord Denning: ”The introduction of Mr Rudd was not made by the agents, John McCann and Co, nor was it made by any authorised sub-agent’
Judges:
Lord Denning MR, Orr LJ, Browne LJ
Citations:
[1975] 1 All ER 129
Jurisdiction:
England and Wales
Cited by:
Cited – Burney v The London Mews Company Ltd CA 7-May-2003
The defendant sought to appeal judgment against him for his estate agent’s commission. They had been appointed sole agents. A second firm obtained the particulars for their own retained clients, but then copied the particulars onto their own . .
Lists of cited by and citing cases may be incomplete.
Agency
Updated: 05 June 2022; Ref: scu.245315