AHLERS v. BROOME & GREEN, LTD.

(1938) 62 Ll L Rep 163

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Contract - Agency - Factor - Equitable assignment-Sales of tomatoes by defendants on behalf of foreign growers-Advances made by defendants to growers (J)-Retention by defendants of balance of proceeds of sale after deduction of advances and charges - Advances also made to J by plaintiff - J's fruit crop handed over to plaintiff for shipment-Shipments sent by plaintiff to defendants for sale-Request made by plaintiff (through medium of letter and advice notes) that defendants should pay net proceeds to him-Right of plaintiff to proceeds of sale-Title to sue-Property in fruit-Whether plaintiff a factor and therefore entitled to lien for his advances without notice to defendants-Further contention that plaintiff was equitable assignee of J's right to receive proceeds.