High Court of Australia
REPORTS OF CASES
DETERMINED IN THE
HIGH COURT OF AUSTRALIA
1910-1911.
{HIGH COURT OF AUSTRALIA.]
JOHN McLAUGHLIN 3 3 ; . APPELLANT; DEFENDANT, AND LOUISE GUERRY DE LAURET . ! . RESPONDENT. PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Contract—Performance—Principal and ayent—Sale of shares by broker—Time bargain—Hvidence of demand—Notice that plaintiff' was prepared to take delivery and pay for shares.
Upon a sale of shares for future delivery, delivery and payment are cop- current conditions. The obligation of the seller is to deliver to the buyer, or to a person known by the seller to be the buyer's agent, on demand, at or soon after the stipulated time, upon tender of the contract price.
In an action for damages for non-delivery of shares contracted to be sold at three month's delivery, the jury returned a verdict for the plaintiff.
Held, upon the evidence, that the plaintiff should have been non-snited, as it had never been brought to the knowledge of the defendant that the plaintiff was prepared to pay for the shares and take delivery.
Decision of the Supreme Court, 23rd May 1910, reversed. Vou. XII.
H.C. or A. 1910. >
Sypyey,
Nov. 18, 21.
Griffith C.J., Barton,
O'Connor and Isaacs JJ.
H.C. or A. 1910. —_
McLavGHLIn v De Laurer.
HIGH COURT
APPEAL by the defendant, by special leave, from the decisio the Supreme Court refusing to enter a verdict for the defen¢ or to grant a new trial, upon the ground that the plaintiff failed to prove any breach of the contract sued upon on the of the defendant.
The facts are sufficiently stated in the judgment of Grifith ©.
Windeyer, for the appellant. There was no evidence of ; breach of contract by the defendant. Tilley had no authorit
no demand upon the defendant as the ostensible agent plaintiff, that is to say, his authority was never communicat the defendant. 'Tilley had been agent for both parties in the p chase of the shares. After the purchase his agency was at end. When he made the demand upon the defendant h
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