Heald v Kenworthy: Difference between revisions

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A formative case on the principle of [[undisclosed agent|undisclosed agency]] in which Parke B roundly dissed “Lord Tenterden’s rule” (that an undisclosed [[principal]] is not liable to the [[vendor]] if the [[principal]] has paid or settled accounts with the [[agent]]) devised in {{casenote|Thompson|Davenport}}, and instead opined that the [[undisclosed principal]] has no defence when {{sex|he}} has settled accounts or made payment to the [[agent]], unless the third party has misled the [[principal]] into making that payment.
{{cn}}A formative case on the principle of [[undisclosed agent|undisclosed agency]] in which Parke B roundly dissed “Lord Tenterden’s rule” (that an undisclosed [[principal]] is not liable to the [[vendor]] if the [[principal]] has paid or settled accounts with the [[agent]]) devised in {{casenote|Thompson|Davenport}}, and instead opined that the [[undisclosed principal]] has no defence when {{sex|he}} has settled accounts or made payment to the [[agent]], unless the third party has misled the [[principal]] into making that payment.


Discussed at some length in {{casenote|Poretta|Superior Dowel Company}} (transcript [http://law.justia.com/cases/maine/supreme-court/1957/137-a-2d-361-0.html here]).
Discussed at some length in {{casenote|Poretta|Superior Dowel Company}} (transcript [http://law.justia.com/cases/maine/supreme-court/1957/137-a-2d-361-0.html here]).