Smith v Webster was not to be taken as meaning that the agent must have had authority to sign the document as a record of the contract. All that Smith v Webster decided was that, in order to satisfy the Statute, it must be shown that the agent signing was an agent ‘thereunto lawfully authorised’ ie that he was authorised to sign the document which referred to and recognised an agreement in the terms relied on. A signature to a document containing the terms of a contract could satisfy the Statute, although put alio intuitu and not in order to attest or verify the contract.
Citations:
[1899] 2 QB 414
Statutes:
Citing:
Limited – Smith v Webster CA 1876
P verbally agreed to buy an inn from D. On the next day D told his solicitors that he had entered into a verbal arrangement for the sale and instructed them to prepare an agreement. On the same day they forwarded a draft formal contract to P’s . .
Cited by:
Cited – Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another ComC 21-Jan-2011
The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 15 May 2022; Ref: scu.430067
