Law Notes Volume 8

Law Notes Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt:, is the owner of those goods. In many cases a man is induced to purchase goods from the very fact that he has a set-off against the vendor. He takes the goods in part payment or satisfaction of his claim against the vendor. It would be manifestly unjust, then, that having been thus induced to buy, he should be confronted by a. hitherto undisclosed principal, and called upon to pay the full price, losing the benefit of his right of set-off. The rule, tlien, in George V. Claggett is that, if a factor sells goods as his own, the purchaser may set off against the principal, if that principal sues him, any claim he could have set off against the factor had the factor sued him. But it is essential that at the time of the sale the purchaser should be ignorant that the factor is anything but the actual owner. If he knew, or had the means of knowing, that the vendor was only an agent, then he cannot claim the right of set-off against the principal. Ignorance, then, that the factor is s. factor is, according to the rule, suflicient for the buyer to claim his right to set off against the principal. Now, if the headnote to the "Law Reports" report of Coo/:0 v. Eshclby is correct, this rule is qualified to a very serious extent. That note reads as follows: "Where an agent sells in his own name for an undisclosed principal, and the principal sues the buyer for the price, the buyer cannot set ofii a debt due from the agent, unless, in making the contract, he was induced by the conduct of the principal to believe, and did in fact believe, that the agent was selling on his own account." If this headnote is correct, the purchaser, in order to claim his right to set off, must be more than merely ignorant that the vendor is more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236910435
  • 9781236910431