Imperial Loan Co. V Stone [1892] 1 Q.B. 599 Principle: A failure to prove that the said person is of unsound mind will mean that the contract is valid. The contract therefore cannot be made void. Where a defendant in an...
Moulton v Camroux [1849] 4 Exch 17 Principle: Pollock CB gave an explicit caveat that the Court was “not disposed to lay down so general a proposition, as that all executed contracts bona fide entered into must be taken as valid,...
Drew v Nunn [1879] Principle: The supervening mental incapacity of a principal has the effect of terminating the actual authority of his agent: ‘The actual authority of an agent whether conferred by deed or not and whether expressed to be irrevocable...
Churchill & Sim v Goddard [1936] Summary of Facts: The case was brought by a London firm of Timber brokers. The plaintiffs (Churchill & Sim) who as del Credere agents for a Finish firm of Timber exporters, had paid into a...
Thomas Gabriel & Sons v Churchill & Sim [1914] Summary of Facts: This was a case where a vendor sued the del credere agent to recover the amount claimed by him under a contract as to which there were disputes between...
Baring v Carrie Principle: A broker in selling his goods without disclosing the name of his principal acts beyond the scope of his authority, and the buyer cannot set off the debt from the broker Hey There, you’re welcome once again...
McManus v Fortescue [1907] Facts – in this case, there is an auctioneer (the Defendant in the case), who advertised the sale of a horse. He stated in the notice he gave that the sale of the horse “would be sale...
Rainbow v Howkins Summary of Facts/ Principle: It tells against the plaintiffs but again it is distinguishable, because the action was brought on the ground that the auctioneer was personally liable as if he were vendor under a contract of sale...
Okoleji v Okupe Judgment: The court held that it is more equitable and just to apply the Statute for the protection of the illiterate person against a literate person than it is between literate persons in England. Hey There, you’re welcome...
Chelmsford Auction ltd v Poole [1973] QB 542 Summary of Facts: On 15th September 1967 auctioneers called Chelmsford Auctions Ltd. held an auction at Chelmsford for the sale of cars. They put up for sale a Fiat motorcar. It was knocked...
