Tudawe V. Keppitigala Rubber Estate Co.,

Present: Lyall Grant and Akbar JJ.

TUDAWE v. KEPPITIGALA  RUBBER ESTATE CO.

416-D. C. Colombo, 24,740.

    Broker-Offer to obtain a purchaser for land-Failure of negotiations- No contract of sale-Right to commission.

Where the plaintiff, a broker, obtained from a prospective buyer an offer for the purchase of an estate belonging to the defendant, company at a certain price, subject to the payment of brokerage,-

Held, that the plaintiff was not entitled to his commission till the purchase was concluded by a binding contract.

THIS was an action brought by the plaintiff, a licensed broker, for the recovery of his commission for having arranged a sale of a rubber estate belonging to the defendant company. The parties went to trial on the following issues :-

(1) Did the plaintiff introduce to the defendant one Ebrahim Lebbe as the purchaser of Beddawella estate ?

(2) Did the defendant accept such purchaser and agree to pay the plaintiff brokerage at the rate of 2 1/2 per cent, on the purchase price ?

(3) Was the refusal of the purchaser to complete the purchase due to the act and conduct of the defendant ?

The learn

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