Stokes and Quirke Ltd v Clohessy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1957
• Date: 01 January 1957
• Court: High Court

Stokes and Quirke Ltd

and

Clohessy

Auctioneers instructed by owners to sell house - Purchaser introduced by auctioneers - No binding contract of sale entered into -Binding contract of sale subsequently entered into with purchaser not introduced by auctioneers -Refusal by owner to complete sale with purchaser introduced by auctioneers - Whether such refusal a breach of owner's contract with auctioneers -Whether auctioneers entitled to commission -Whether auctioneers entitled to remuneration for services rendered.

The defendant orally instructed the plaintiffs, a firm of auctioneers, to sell his house. Nothing was said at that time about commission. The plaintiffs introduced the defendant to W. N. C., who agreed to purchase the house, subject to his architect's report and subject to certain improvements being made by the defendant, and to pay commission to the plaintiffs on the sale. Before agreement had been reached between the defendant and W. N. C. as to the extent of the improvements to be made or a formal contract of sale entered into between them, the defendant received a more advantageous offer for the house from a person not introduced by the plaintiffs and completed the sale of the house to that person. He accordingly refused to complete the sale to W. N. C. and withdrew his instructions from the plaintiffs, who were paid nothing in respect of the completed sale. Held, 1, that, as the contract between the plaintiffs and the defendant was that the plaintiffs should be entitled to commission only if they introduced the defendant to a person who would actually...