Johnston v Charles Osenton & Co The plaintiff entrusted the defendants, a firm of estate agents, with the development of certain land as a housing estate. He subsequently brought an action against them for breach of contract and for negligence in performance of the obligations thus undertaken, alleging that they had been negligent in many matters in connection with the lay-out of the estate, more especially in respect of the system of drainage recommended by them and the density of houses on the estate.