1918 Present : Bertram C.J. and Ennis J.

DISSANAYAKE v. RAJAPAKSE.

198-D. C. Negombo, 12,105.

Broker - Agreement to pay commission on receipt of money - Defective title-Sale not carried out-Claim for commission.

The defendant engaged the plaintiff, a broker, to negotiate the sale of an estate. He wrote: " I will pay commission 1 1/2 per cent. if you get me the Rawita money (money realized by the sale of the Rawita land)." The plaintiff found a purchaser, who instructed his lawyer to draw up the deed, but when the title was examined, it transpired that defendant had settled this land in trust for his children. The sale fell through. The defendant imagined that the trust was not binding, as it was not registered, and as it was subject to an arrangement with his father, which, in fact, had gone off.

Held, that the broker was entitled to his commission, though the defendant had not received the " Rawita money."

Where an agent is engaged to sell property on a commission, and a sale is arranged, but proves abortive through the act or default of the principal, the commission agent is entitled to remuneration for his exertions, and a reasona