The declaration alleged that A employed B as a broker, to sell and deliver oil, on the terms contained in such contracts of sale as should be made with perisons who should become purchasers thereof, for reasonable commission to B: That B accepted the employment, and sold oil to C on the terms of payment on delivery: That it thereupon became the duty of B not to deliver the oil without payment: That B delivered the oil to C, but did not obtain payment, whereby the plaintiff was damnified. Held that this declaration set forth a good cause of action: that the duty of B arose out of the contract: and that, after verdict, judgment could not be arrested.
Wherever there is a contract, and something is to be done in the course of the emiployment which is the subject of that contract, if there is a breach of duty in the course of that employment, the party injured may recover either in tort or in contract.
Citations:
[1844] EngR 65, (1844) 11 Cl and Fin 1, (1844) 8 ER 1003
Links:
Jurisdiction:
England and Wales
Contract
Updated: 15 May 2022; Ref: scu.304657