De Silva V. Forbes,Walker& Co.,

1931

Present: Macdonell C.J. and Garvin S .P. J.

DE SILVA v. FORBES, WALKER & CO.

291-D. C. Colombo, 32,238

Broker-Offer to purchase property-Agreement to share commission-Acceptance of offer subject to ratification-Completion of transaction-Payment of purchase price- Cause of action.

The plaintiff, on behalf of an undisclosed principal, asked the defendants to make an offer for the purchase of certain .estates to H. & Co., as agents of the owners, the Negombo Estate Company, Ltd. The plaintiff at the same time obtained from the defendants the promise of a commission, if the purchase was completed, to be divided equally between them, and also obtained from H. & Co. and undertaking to pay the commission, subject to the approval of the company.

The offer was accepted, subject to certain other conditions, one of which was ratification at a general meeting of the company. Eventually, the company accepted a higher offer and the transaction fell through.

Held' (in an action by the plaintiff for the recovery of a half share of the commission), that the plaintiff had no cause of action against the defendants till the transaction was c

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