L. S. HARRIS & CO. v. SANGSTER.

[1951] 1 Lloyd's Rep. 149

KING'S BENCH DIVISION.

Before Mr. Justice Slade.

Contract-Breach-Agreement to employ assessors to formulate fire damage claim-Termination of agreement- Alleged fraudulent misrepresentation by assessor' representative inducing making of agreement - Proof - Probabilities-Fire at defendant's premises - Representative of plaintiff fire assessors sent to interview defendant - Memorandum signed by defendant whereby he agreed to employ plaintiffs to act on his behalf and to pay them commission on the settlement with defendant's insurance company- Agreement terminated by defendant on ground that he was induced to enter into agreement by fraud, in that plaintiffs' representative wilfully created in defendant's mind the impression that he (plaintiffs' representative) was acting for defendant's insurers - Onus of proof of fraud - Conflicting evidence of events leading up to signing of memorandum and of subsequent telephone conversations between parties.