DARLING V. AURORA PACKING CO. LTD. 7/1927
The majority held Aurora was bound by correspondence to account to Darling for the entirety of his 1924 fruit delivered to McClure, including both sold and unsold fruit, by amalgamating sales made by both companies and paying the net proceeds after deducting advances and expenses, thus accepting responsibility for the whole undertaking, not just for fruit unsold at time of transfer.
- Parties
- Appellant: Darling; Respondent: Aurora Packing Co. Ltd.
- Jurisdiction
- Australia
- Procedural Posture
- Civil Appeal / Appellate
- Outcome
- Appeal allowed
- Legal Topics
- Agency Agreements, Construction of Commercial Contracts, Assignment or Transfer of Agency, Obligation to Account and Pay Proceeds
Case Brief
Summary, issues, holding and outcome
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Parties
Darling
Appellant
Aurora Packing Co. Ltd.
Respondent
Procedural Posture
Civil Appeal / Appellate
Legal Issues
- 1 Whether Aurora Packing Co. Ltd. undertook to finalise and carry to completion the agency arrangement begun by McClure Company for all fruit delivered by Darling in 1924, or only promised to sell and account for fruit unsold as of 26 August 1924.
Ratio Decidendi
The majority held Aurora was bound by correspondence to account to Darling for the entirety of his 1924 fruit delivered to McClure, including both sold and unsold fruit, by amalgamating sales made by both companies and paying the net proceeds after deducting advances and expenses, thus accepting responsibility for the whole undertaking, not just for fruit unsold at time of transfer.
Court Disposition
Appeal allowed
Orders
- Order of Supreme Court set aside
- Order nisi discharged with costs
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