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BENTALL, HORSLEY AND BALDRY v VICARY.
[1931] 1 KB 253
case summary:
The plaintiff and the defendant entered into an agency agreement whereby the defendant vested in the plaintiff power of \"sole agent\" to sell property on defendant' behalf for a period of 3 months in consideration for a commission of 5 percent on the perchase price realized. Before the expiration of the deadline, the defendant sold the property to a thrid party without the assistance of the plaintiff. The plaintiff sued for damages or alternatively commission on breach of contract on part of the defendant who is not entitled, as is alleged by the plaintiff, to selling the property before the deadline expires.
held: (1)Unless otherwise expressly provided in the contract, the judge should not read into the contract an implied term prohibiting defendant from selling his property before the plantiff could procure any purchaser.
(2) The contract only empowers the plaintiff a sole power of agency exclusive of other agents.
(3) A contract should be construed strictly in accordance to its literal meaning unless the reasonableness requires the court to interpret otherwise. |
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发表于 2008-5-21 11:04:39
