The landlord’s agent, in breach of his authority, released a licence to assign a lease taking a cheque (instead of cash) for the outstanding rent due from the existing tenant. This took place in the presence of the assignee, who did not however know of the excess of authority.
Held: The court dismissed a suggestion that the landlord could still have distrained against the assignee. The agent had as far as the assignee was concerned been held out as acting with authority, but the agent was liable to the landlord for exceeding his authority.
Citations:
[1894] 1 QB 272
Cited by:
Cited – OBG Ltd OBG (Plant and Transport Hire) Ltd v Raymond International Ltd; OBG Ltd v Allen CA 9-Feb-2005
The defendants had wrongfully appointed receivers of the claimant, who then came into the business and terminated contracts undertaken by the business. The claimant asserted that their actions amounted to a wrongful interference in their contracts . .
Lists of cited by and citing cases may be incomplete.
Agency
Updated: 13 May 2022; Ref: scu.223008