Masters v Cameron [1954] HCA 72

High Court of Australia Dixon CJ, McTiernan and Kitto JJ Masters v Cameron (N/A) [1954] HCA 72

Catchwords

Vendor and Purchaser - Sale of land - Contract - Subject to the preparation of a formal contract of sale & which shall be acceptable to my solicitors on the above terms and conditions - Whether concluded contract - Nature of sum paid as a deposit - Intention of parties

Dixon CJ, McTiernan and Kitto JJ

1. On 2nd September 1953 an originating summons was issued out of the Supreme defendants, of whom the first was the present respondent and the other two were the present appellants. (at p357)

2. The summons called upon the defendants to state the nature and particulars of their respective claims to a sum of 1,750 pounds which was described as having been paid to the plaintiff by the appellants as a deposit on the purchase of certain lands from the respondent. (at p357)

3. The summons was supported by an affidavit made by the Perth manager of the plaintiff company, who deposed that by an agreement in writing dated 6th December 1951 the respondent agreed to sell and the male appellant on behalf of himself and the female appellant (who is his wife) agreed to purchase a farming property of the respondent subject to the preparation of a formal contract of sale acceptable to the solicitors of the respondent on the terms and conditions set out in the agreement and to the giving of possession on or about 15th March 1952. The affidavit added, in effect, that at or shortly before the date of that agreement the male appellant paid to the plaintiff the sum of 1,750 pounds by way of deposit, that both sides now claimed this sum, and that the plaintiff claimed no interest in it except for commission in the event of the money being payable to the respondent and for its costs of the proceedings. (at p358)