SIMPSON & CO. v. SOYZA.

C. R., Colombo, 11,063.

Action by broker for commission-Negotiation of loan for borrower-Finding a lender-Rejection by lender of title deeds offered as security.

A having requested B to raise a loan on the mortgage of certain property belonging to A, B found a lender who, however, after examining the title, refused to advance the money, alleging that the title was defective. B sued A for his commission.

Held that, if A's- title deeds were not in order, B should succeed in his action.

Per Bonser, C.J.-The rule is that if an agent does all that he is expected to do, according to the terms of the contract, and finds a person able and willing to lend the money, then the agent has earned his commission; and it matters not what happens afterwards, whether the lender capriciously refuses to complete his bargain, or the bargain, falls through from any other cause, for in that case the agent has done all that he was required to do.

But where the plaintiff found a person able, ready and willing to lend the money, but that person entered into no binding agreement to lend the money, the rule is that if the would-be lender wa