Gray v Dalgety and Co Ltd [1914] HCA 81

Rev

Coie ¥ Desf Ms Pale; & Co ei Brags BP

356 HIGH COURT [1914.

[HIGH COURT OF AUSTRALIA.]

GRAY - z : A Ys fi 3 : APPELLANT ; PLAINTIFF, AND DALGETY & CO. LTD. . ' si 4 . RESPONDENTS. DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H.C. ov A, Contract—Agency—Agreement to procure loan on mortgage—Bvidence—Contract concerning interest in land—Instruments Act 1890 (Vict.) (No. 1103), sec. 208

pare (Statute of Frauds (29 Oar. II. ¢. 3), sec. 4) Se ot In an action in which the plaintiff alleged an oral contract by which the Ce a defendants agreed to raise for the plaintiff the sum of £84,000 upon the security of the plaintiff's station, of which £72,060 or thereabouts was to be Sypney, secured upon first mortgage of the station at 4 per cent., and £12,000 upon Dec. 18. second mortgage of the station at 5 per cent., and that the defendants had not raised that sum or any part thereof, Grittith C.J., mela Held, by Isanca and Powers JJ. (Grifith C.J. dissenting), (1) that upon the

evidence reasonable men might have come to the conclusion that the defen- dants for valuable consideration had undertaken to find some person or persons able and willing to lend the plaintiff £72,000 at 4 per cent. on first mortgage, and £12,000 at 5 per cent, on second mortgage, of she plaintiff's station, other terms being reasonable; (2) that such enforceable contract ; (3) that under such a contract the defendants were not entitled to lend their own money ; and (4) that such a contract was not a contract concerning an interest in land, and was therefore not within the Statute of Frauds, sec. 4 (Instruments Act 1890 (Vict.), sec. 208).

agreement was an

Decision of the Supreme Court of Victoria reversed.

Appr from the Supreme Court of Victoria. An action was brought in the Supreme Court by John Guthrie