Mooney v Williams [1905] HCA 34

Mooney v Williams [1905] HCA 34

As the contract with the Government arose after the creation of the agency, and the agent delivered on behalf of the principal, the principal was entitled to claim the price. Payment to the agent after notice of the principal's claim did not discharge the purchaser's obligation to the principal.

Parties
Appellant: Mooney; Respondent: Williams
Jurisdiction
Australia
Judgment Date
15 September 1905
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
Appeal allowed with costs.
Legal Topics
Principal and Agent, Sale of Goods, Undisclosed Principal, Right to Sue for Purchase Money
Commercial Law Agency Law Principal and Agent Sale of Goods Undisclosed Principal Right to Sue for Purchase Money

Case Brief

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Parties

Mooney

Appellant

Williams

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether a principal for whom a contract was made by an agent acting in his own name can sue for the purchase money when the agency was created before the contract was concluded
  2. 2 Whether the purchaser is discharged by payment to the agent without authority after notice of the principal's claim

Ratio Decidendi

As the contract with the Government arose after the creation of the agency, and the agent delivered on behalf of the principal, the principal was entitled to claim the price. Payment to the agent after notice of the principal's claim did not discharge the purchaser's obligation to the principal.

Court Disposition

Appeal allowed with costs.

Orders

  • Order appealed from discharged with costs.
  • Rule nisi discharged with costs.