Hersom v Bernett: 1954

The defendant had sold stolen goods to the plaintiff, saying that he acted as agent only for an undisclosed principal. The plaintiff had had to return the goods to the true owner. The court rejected the defendant’s assertion as to who was the true principal.
Held: The defendant should not be heard to name his principal. He was liable himself.

Judges:

Roxburgh J

Citations:

[1955] 1QB 98, [1954] 3 All ER 370, [1954] 3 WLR 737, (1954) 98 Sol Jo 805

Cited by:

CitedKnight Frank Llp v Du Haney CA 12-Apr-2011
The court was asked whether an agent, who in the course of making a contract with a third party misrepresents the name of his principal, attracts either liability for breach of warranty of authority or personal liability on the contract in . .
Lists of cited by and citing cases may be incomplete.

Agency

Updated: 06 May 2022; Ref: scu.433618