Edmond Weil Incorporated v Russell [1936] HCA 26

Edmond Weil Incorporated v Russell [1936] HCA 26

There was insufficient evidence for the jury to find that the plaintiff corporation was obligated to pay the full invoiced price for the Brodsky hides; the key contractual conditions for such liability were not met, thus the verdict for the plaintiff should be restored.

Parties
Appellant; Plaintiff: Edmond Weil Incorporated; Respondent; Defendant: William H. Russell
Jurisdiction
Australia
Procedural Posture
Commercial Cause / Appeal From the Supreme Court of New South Wales to the High Court of Australia
Outcome
Appeal allowed; order of the Supreme Court of New South Wales set aside other than payment out of court.
Legal Topics
Agency, Commission Transactions, Jurisdiction of Trial Judge in Entering Verdict, Practice and Procedure With Jury Questions
Commercial Law Agency Commission Transactions Jurisdiction of Trial Judge in Entering Verdict Practice and Procedure With Jury Questions

Case Brief

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Parties

Edmond Weil Incorporated

Appellant; Plaintiff

William H. Russell

Respondent; Defendant

Procedural Posture

Commercial Cause / Appeal From the Supreme Court of New South Wales to the High Court of Australia

Legal Issues

  1. 1 Whether the trial judge could enter a verdict inconsistent with jury findings without positive consent of the parties
  2. 2 Whether there was evidence to support the jury's finding that the defendant was entitled to be credited with the full invoiced price of the Brodsky hide transaction
  3. 3 What contractual obligation existed between the parties regarding the Brodsky transaction

Ratio Decidendi

There was insufficient evidence for the jury to find that the plaintiff corporation was obligated to pay the full invoiced price for the Brodsky hides; the key contractual conditions for such liability were not met, thus the verdict for the plaintiff should be restored.

Court Disposition

Appeal allowed; order of the Supreme Court of New South Wales set aside other than payment out of court.

Orders

  • Order that the verdict and judgment in this action be entered for the plaintiff—the appellant—in the sum of £694 1s.
  • Order that the defendant—the respondent—do pay to the plaintiff—the appellant—the costs of the motion of appeal to the Supreme Court and the costs of its appeal to this court.