High Court of Australia
HIGH COURT
[HIGH COURT OF AUSTRALIA}.
INTERNATIONAL HARVESTER
COMPANY OF AUSTRALIA PRO- (inane PRIETARY LIMITED DEFENDANT, AND CARRIGAN'S HAZELDENE PASTORAL RESPONDENT. COMPANY (APPELLANT) PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES
H.C. or A, Contract—Sale of goods—Agricultural machine—Manufacturer of machines—Distri-
1958. ed
Sypyey, Mar, 26, 27; Apr. 22.
Dixon €.5., 'MeTiernan, Williams, Fullagar and Taylor JJ.
buting agents appointed in country areas—Machine sold to purchaser by such an agent—Warranties on sale—Breach—Action by purchaser against manu- facturer—* Agent" —Use of word in legal sense—Significance in business world—Purchaser not brought into contractual relationship with manufacturer.
Agency is a word used in the law to connote an authority or capacity in one person to create legal relations between a person occupying the position of principal and third parties. But in the business world its significance is by no means thus restricted. The word " agent" is often used in business as meaning one who has no principal but who on his own account offers for sale some particular article having a special name.
Wheeler and Wilson v. Shakespear (1869) 39 L.J. Ch. 36; W. 7. Lamb & Sons v. Goring Brick Co. Ltd. (1932) 1 K.B. 710, at pp. 717, 720 and Kennedy v. De Trafford (1897) A.C. 180, at p. 188, referred to.
It is not to be implied from the fact that a manufacturer appoints " distribu- ting agents" or " exclusive agents" in a particular " territory" for a pro- prietary commodity or specific kind of article or machine that in a sale by such an "agent" the manufacturer contracts with the ultimate buyer or " consumer " as vendor.
Accordingly, where C. had bought a machine manufactured by LH. from H. & K., a company carrying on business as machinery and general agents at Gunnedah, N.S.W., and the agent in that area for the products of LLH., and which company had paid I.H. the price of the machine less discount,
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