Mooney v Williams [1905] HCA 34

REPORTS OF CASES

DETERMINED BY THE

HIGH COURT OF AUSTRALIA

1905-1906.

(HIGH COURT OF AUSTRALIA.]

MOONEY . 2 : e E 5 F . APPELLANT; PLaINTIFY, AND WILLIAMS . 5 ts r . RESPONDENT.

Nominat DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Principal and agent—Sale of goods—Vendor created agent during negotiations for H.C. oF A. sale—Principal »ndisclosed—Final offer and acceptance after creation of agency 1905.

—Right of principal to sue for purchase money. ~ A person offered, in his own name, to sell to the Government certain _ S¥PNEY, Sept. 14, 15.

machinery which at that time did not belong to him, Before acceptance of the offer the appellant agreed with the vendor to buy the machinery and employ Grimtn 0.3, the vendor as his agent to effect a sale of it tothe Government. The Govern- Barton and, ment then sent to the agent a request to deliver the machinery at the price originally asked, but under somewhat different conditions. Without disclosing the agency the agent delivered the machinery and it was accepted by the Government. The appellant, before payment, gave notice to the purchasers

that he was the owner of the machinery, and that the sale had been made on VOL. 11. a

H. C. or A.

1905. SS.

Mooney v WiILLriAMs.

HIGH COURT

his behalf by the agent. 'The purchasers on these representations treat him as the person entitled to payment, the agent acquiescing in arrangement.

Held, that, as the original offer to sell was not accepted in terms by purchasers, the request by the latter to deliver was really a new offer purchase, which was accepted by delivery in accordance therewith, a therefore that as the agency was in existence at the date of this offer, and the agent did in fact sell on the principal's behalf, the principal was entit! to sue for the purchase money, and the purchasers were not discharged by unauthorized payment to the agent.