Findlay, Errol et al v Robert Smith

Case Number: 
C.L. F.055 OF 1992
Date of Delivery: 
10.10.1996

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
v
IN COMMON LAW
SUIT NO. C.L. F.055 OF 1992
h
BETWEEN ERROL FINDLAY
AND
AND
C.D. ALEXANDER REALTY COMPANY
LIMITED
ROBERT SMITH
PLAINTIFFS
DEFENDANT
1
Mr. David Henry instructed by
M i s s W k H e n d r i c k s for P l a i n t i f f s 1!
t
Mr. Anthony Pearson instructed by i\ '
Messrs Playfair, Junior Pearson &
Company for Defendant 1
b
I
Heard: 19.3.96, 21.3.96, 27.3.96 & '
4.10.96
Judgment
McCalla J, (Ag)
In this matter by a Writ of Summons filed on the 10th of April, 1992
the Plaintiffs sought to recover the sum of Ninety thousand dollars ($90,000.00)
against the Defendant pursuant to an oral agreement concluded between the
first Plaintiff and the Defendant. $1 /1 1 I 1
The first Plaintiff was at the material time a real estate agent I, I employed to the second named Plaintiff which is a limited liability Company j I
involved in the purchase and sale of real estate.
In the statement of claim as amended the Plaintiffs averred that I I
by this .,:: oral agreemeut the Defendant Robert Smith agreed to contract the I I
services of first Plaintiff Errol Findlay as a servant of the second Plaintiff
C.D. Elexander Realty Company Limited in finding a suitable purchaser for his II
premises situated at No. 3 Devon Close in the parish of St. Andrew at a price
of not less than 1.8 million dollars. The Plaintiffs further averred that II
pursuant to the oral contract the defendant agreed to pay 5% of the purchase El
price as renumeration for the services of Mr. Findlay.
The Plaintiffs pleaded that Mr. Findlay found a willing purchaser
in the person of Mr. Patrick Byles, that the Defendant entered into an agreement
to sell the said premises to Mr. Byles but made no arrangements in the
agreement for sale for payment of the commission despite their protests.
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