The Gazette 1946-49

willing to sign a contract to purchase, but the vendor refused to execute the contract for reasons of his own. It was held that " a purchaser who is able and willing to complete the transaction" meant a person who was willing to sign a contract to pur chase it at the seller's price, and that the fact that the purchase did not go through did not deprive the agents of their right to commission. In another recent, case Reed Ltd. v. Nicholls (1948 2 All E.R. 914), the contract was differently worded. The vendor instructed the agents to procure a person able, ready and willing to purchase at £2,900 or near offer, and undertook to pay them commission on the introduction of such a person making a firm offer to purchase at the price required. The agents secured an offer of £2,800, from a prospective purchaser who was willing to put down a deposit of £20. The vendor refused to sign the contract. It was held that £2,800 was a " near offer " and that ability to purchase did not mean that the prospective purchaser must have the whole purchase money available at the date of the offer, but that it was sufficient if the agents could show that he would have found the balance of the purchase price at the proper time. These cases show that it is of equal importance for house-agents to draw up their agency agreements with care, as it is for their prin cipals to scrutinise them carefully before signing them, if misunderstandings and possible litigation are to be avoided. House agents' authority IN the recent case of Wragg v. Lovett (1948 2 All E.R. 968) the question to be decided was whether on a particular set of facts a firm of estate agents had authority to bind the defendant on a contract for the sale of a house which they purported to sign on his behalf. In the course of his judgment Lord Greene M.R. said " while accepting the learned judge's conclusion upon the particular facts of this case, we must not be understood as suggesting that when a vendor merely authorises a house agent to sell at a stated price he must be taken to be author ising the agent to do more than agree with an intend ing purchaser the essential (and, generally, the most essential) term, i.e. the price. The making of a contract is no part of an estate agent's business, and, although, on the facts of an individual case, the person who employs him may authorise him to make a contract, such an authorisation is not lightly to be inferred from vague or ambiguous language." Notaries Public THE Second Reading of the Solicitors, Public Notaries, etc., Bill took place on 20th January. Sir Hartley Shawcross introduced this as a " very

dull little Bill" and then proceeded, in explaining its provisions, to give an interesting review of several ancient legal offices. The Bill's main purpose is to abolish stamp duty on practising certificates taken out by solicitors. These certificates, he said, could be refused to a solicitor for some disciplinary reason or " where during the past year—and this is a risk to which members of my profession are particularly exposed—he has been made bankrupt or driven mad." He explained that the relief was a quid pro quo for the additional burdens placed on solicitors of contributions to the Compensation Fund, imposed in 1941, and of employing accountants, imposed in 1947. The Bill also repeals a number of statutory pro visions dealing with those whose practice in the law was distinguished by some form of specialised title. " Conveyancers " (i.e., those persons who, being neither barristers nor solicitors, formerly employed themselves solely in drafting deeds) had ceased to exist as a separate profession, and hence the Bill abolished their statutory privileges. " Special Pleaders " (i.e., those barristers who devoted them selves mainly to drafting common law pleadings and appearing in chambers on procedural matters) would also lose their privileges—though the name would remain as a term of abuse, no doubt. The like fate was also to befall " Draftsmen in Equity " who were special pleaders dealing in Chancery matters. Finally, the Bill abolished the necessity for notaries public to take out special practising certi ficates as such. These, he said, were, by definition, officers who " took note of anything which might concern the public," but their functions were in fact rather more specialised than that. They were the original " scribes " of the Roman Law and were originally appointed by the Pope, but now, under an Act of Henry VIII, by the Court of Faculties presided over by the Archbishop of Canterbury. The profession has 523 members of whom 500 are solicitors. Their main task is to prepare deeds and legal and commercial documents for use abroad in conformity with foreign law. They also translate legal documents from and into the terms of Foreign legal systems. In the Middle Ages their badge was an ink-horn and pen-case suspended by a silken cord, which led Cave to say of one such : " Away with him, I say. Hang him with his pen and ink- horn round his neck." (The Solicitors' Journal.} OBITUARY MR, JAMES SHUEL, Solicitor, died at his residence " Kencraigie," Cahirciveen, Co. Kerry, on 2nd March, 1949.