Ryan v Horton [1911] HCA 10

12 C.L.R.] OF AUSTRALIA.

{HIGH COURT OF AUSTRALIA.]

MICHAEL JOSEPH RYAN. a . APPELLANT ; PLAINTIFF, AND HENRY HORTON . i és i . RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Principal and agent—Sale of land—Commission on sale—Revocation of authority—

Agreement by purchaser with principal to buy stock and take lease of land with option of purchase—Right of agent to commission on subsequent purchase —Statement by purchaser that agent had not induced him to purchase.

New trial—Misdirection—Point not raised at the trial.

'The defendant and S, were the owners of adjoining station properties, and the question of the purchase by S. of the defendant's land had been discussed between them. The defendant subsequently employed the plaintiff as his agent to sell this property to S., and asked him to endeavour to induce S. to offer £5 per acre for the land. The plaintiff endeavoured to do so for some 15 months, but could not induce S. to offer more than £4 10s., which the defendant refused to accept. The defendant afterwards told the plaintiff that he had decided to sell the property as a going concern, and that the question of the sale had been left to S. to consider. S. subsequently wrote to the plaintiff and informed him that he had decided not to buy any more land fora time. The plaintiff, however, continued to endeavour to induce S. to purchase, Shortly afterwards the defendant and §. met together, and S. bought the defendant's stock, and agreed to lease the land with an option of purchase at £5 5s. per acre, at which price he afterwards bought it. S, was called as a witness by the plaintiff, and stated that the plaintiff's efforts had not influenced him in making the purchase. Held, that there was evidence on which the jury could find that the plaintiff was entitled to commission on the sale of the defendant's land.