Summergreene v Parker [1950] HCA 13

High Court of Australia Latham C.J. Williams, Webb and Fullagar JJ. Summergreene v Parker [1950] HCA 13

ORDER Appeal allowed. Order of Full Supreme Court and judgment entered for the plaintiff set aside. Judgment entered for defendant by Maxwell J. restored. Respondent to pay costs of this appeal and in the Supreme Court.

Cur. adv. vult.

The following written judgments were delivered:—

June 1 Latham C.J.

The plaintiff G. H. Parker sued the defendant Mrs. D. I. Summergreene for commission for effecting the sale of the defendant's business carried on by her under the name "The Dyeing King." The action was tried before Maxwell J. and a jury, and in answer to a question submitted to them the jury found that the defendant promised the plaintiff £500 commission if he effected a sale of her business. The question whether or not the plaintiff had effected a sale of the business depended upon the true effect of two documents. The first document was a letter from Messrs. Church & Co., solicitors for Messrs. A. O. Anderson and H. P. Jones, to the defendant. It was in the following terms:—

On behalf of Messrs. A. O. Anderson and H. P. Jones the Trustees on behalf of a Company to be formed and known as "The Dyeing King Pty. Limited" we hereby offer to purchase from you the business presently carried on by you under the name of "The Dyeing King" at 53 Northumberland Road, Auburn and elsewhere upon a walk-in walk-out basis including all the assets of the said business (except the freehold property) as disclosed to the Company's investigators upon the following conditions namely:—

1. The purchase price is to be £8,750 of which a Deposit of £500 is to be paid forthwith and the balance upon completion.

2. You are to grant to the Company a lease of the business premises known as No. 53 Northumberland Road, Auburn for five (5) years with an option of a further five (5) years at a rental equal to the rental paid by you for the said business premises immediately prior to your purchase of the freehold.