Author: Anonymous

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 198

ISBN-13: 9781230015309

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...that case I cannot see how Edgar is entitled to any commission." The only other communication produced at the trial is a letter from Caskey to Dale, dated October 2nd, 1911, which shews upon its face that it was written in reply to a telegram from Dale advising him that Edgar was suing him and that the draft was returned in error and asking him to re-draw. The letter then goes on to say that Caskey has sold the property to another purchaser and winds up by saying, "I cannot see why Edgar can collect his commission from you," and "when his client failed to. meet the payment, no sale was made." By writing, dated on the 26th of September, 1911, Caskey agreed with the defendant Horner for the sale of this lot to him. Edgar recorded a caveat on the 2nd of October, based upon the agreement in question in this action and Homer recorded a caveat on the 5th of Onto ber, based upon his agreement of the 26th of September. The action is brought by' the Edgar-Agar Company, the parties with whom-Dale's correspondence was carried on, it being admitted that Thomas D. Edgar, whose name appears in the agreement as the purchaser, was, at its date, a member of this firm, and that the property was really bought for the firm and taken in Edgar's name for convenience. The plaintiffs' claim as amended at the trial is for specific performance, and the defendant, Caskey, by his counterclaim, prays for the removal of the plaintiffs' caveat. Judgment was given, after the trial of the acti011 in favour of the plaintiffs, decreeing specific performance Of the contract in question, and directing the removal of the defendant Horner's caveat from the title. From this judgment the defendant Caskey appea, ls_...