Turner v Eggleton [1915] HCA 26

1l4 HIGH COURT (1915.

{HIGH COURT OF AUSTRALIA.)

TURNER . f : i 3 . . APPELLANT; DEFENDANT, AND EGGLETON . é i : : é . RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H. C. or A, Contract—Construction—Purchase and sale of land—Agreement to act in conjunc:

1915. tion—Employer and employee—Termination of employment— Provision as to ey future undertakings—Share in profits. SypyEy,

In an agreement under which the plaintiff and the defendant were con-

April 13,14 scintly to buy and sell land, it was stipulated that the plaintiff's position was Grime, to be clearly defined as an employee, and in the event of his leaving the defen- cageary. dant's employ or being dismissed therefrom he was to have no claim on any

of the defendant's future undertakings, and in that case the plaintiff's share of the various estates he might be interested in were to be paid him as the profits should come in. 'The plaintiff was dismissed.

Held, that under the agreement the plaintiff was entitled to a share in the profits derived from the sale of land which, though purchased conjointly before his dismissal, was not sold until after his dismissal,

Decision of the Supreme Court of New South Wales (Simpson ©.J. in Eq.) affirmed.

AppEAL from the Supreme Court of New South Wales. Frederick Anthony Eggleton brought a suit in the equitable jurisdiction of the Supreme Court against Charles James Turner upon an agreement entered into by and between them with respect to buying and selling land. The suit was tried by Simpson C.J. in Eq., who gave judgment for the plaintiff.

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20 C.L.R.) OF AUSTRALIA,

From that decision the defendant now appealed to the High H. ©. or A.

Court. The nature of the suit and the facts sufficiently appear in the

judgments hereunder. Loxton K.C. and W. A. Palmer, for the appellant. Knox K.C. and Davidson, for the respondent.