Heald v Kenworthy

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Editorial Board of the JCLR: Managing Editor: Lord Justice Cocklecarrot M.R. · General Editor: Sir Jerrold Baxter-Morley, K.C. · Principle witness: Mrs. Pinterman

Common law | Litigation | Contract | Tort |

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A formative case on the principle of 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 Thompson v Davenport, and instead opined that the undisclosed principal has no defence when 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 Poretta v Superior Dowel Company (transcript here).