This action has been brought by the plaintiff
to recover from the defendant the sum of three hundred and fifty pounds
expended by him in excess of a sum of twelve thousand and fifty pounds,
alleged by the plaintiff to have been fixed by this correspondence as
the maximum sum that the defendant had authority to expend.
"The question for me to decide is whether or no the defendant is liable
to refund to the plaintiff this sum. In my judgment he is so liable.
"What in effect the plaintiff has said is this 'I give you a free hand
to complete these decorations, provided that you keep within a total
cost to me of twelve thousand pounds. If you exceed that sum by as much
as fifty pounds, I will not hold you responsible; beyond that point you
are no agent of mine, and I shall repudiate liability.' It is not quite
clear to me whether, had the plaintiff in fact repudiated liability
under his agent's contracts, he would, under all the circumstances, have
been successful in so doing; but he has not adopted this course. He
has accepted liability, and fallen back upon his rights against the
defendant under the terms of the latter's engagement.
"In my judgment the plaintiff is entitled to recover this sum from the
defendant.
Pages:
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432