Can a general employment to find a purchaser at a named price be considered?
Saskatchewan, Canada
The following excerpt is from Cherry Agencies Ltd. v. Bayda, 1961 CanLII 258 (SK CA):
The original arrangement between the plaintiff and the defendant may be regarded as a general employment to find a purchaser at a named price, which, however, was subject to negotiation within the meaning of Toulmin v. Millar (1888) 12 App Cas 746, 57 LJQB 301: “When a proprietor with a view of selling his estate goes to an agent and requests him to find a purchaser naming at the same time the sum which he is willing to accept that will constitute a general employment; * * * the mention of a specific sum is given merely as the basis of further negotiation.”
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