Mayne's Treatise on Damages (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 Excerpt: ... building of a church by direction of the architect, who professed to act on behalf of the church building committee, but had in fact no authority to do so, recovered from the architect not only the price of the stone, but also the costs of an unsuccessful action for the price which he had brought against a member of the committee. In this case the architect persisted to the end in his assertion of authority. In Collen v. Wright (r), which is the leading case upon the CoUcn v. subject, a land agent believing that he had proper authority, nrl'Juassumed to let a farm to the plaintiff, upon terms which the owner of the farm had not in fact authorised. The owner refused to grant the lease. The plaintiff filed a bill for specific performance, and finding from the answer that the agent's authority was denied, gave him notice of the suit and ground of defence, and that the suit would be proceeded with at his expense, unless he gave notice not to proceed, in which case, as in the event of the dismissal of the bill, he would be held responsible for the costs. The agent replied simply that the suit had been commenced without his privity or sanction, and that lie should resist any attempt to saddle him with costs. The bill was dismissed. It was held that the plaintiff was entitled to recover from the agent's executors, besides money which he had laid out on the farm, the expenses of the Chancery suit. The defendant was considered to have persisted in his assertion of authority, so that it became unnecessary to consider whether he ought to have had notice before the commencement of the suit. However this might be, the plaintiff was considered to have acted reasonably in the matter. ((/) 18 C. B. 786; 25 L. J. C. P. 307. In this case the declaration charged fraud, but t...