OVERALL McRAY LIMITED V. MALLICK 33/1925

OVERALL McRAY LIMITED V. MALLICK 33/1925

It was open to the jury, on the evidence and correspondence between the parties, to find an implied agreement by the respondent to pay for the use of the plant after the fixed period, and there was evidence to support such a finding. The appeal is allowed and the jury's verdict restored.

Parties
Appellant: Overall McCray Limited; Respondent: Mallick
Jurisdiction
Australia
Procedural Posture
Civil / Appeal From Supreme Court, Full Court
Outcome
appeal allowed; jury verdict restored
Legal Topics
Implied Contract, Hire of Goods, Jury Verdict, Agreement to Pay, Authority of Agent
Contract Implied Contract Hire of Goods Jury Verdict Agreement to Pay Authority of Agent

Case Brief

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Parties

Overall McCray Limited

Appellant

Mallick

Respondent

Procedural Posture

Civil / Appeal From Supreme Court, Full Court

Legal Issues

  1. 1 Whether there was an implied promise to pay for the use of the plant after the fixed hiring period expired
  2. 2 Whether evidence supported the jury's finding of an implied agreement
  3. 3 Effect of the alleged promise by Millar regarding continued use without charge

Ratio Decidendi

It was open to the jury, on the evidence and correspondence between the parties, to find an implied agreement by the respondent to pay for the use of the plant after the fixed period, and there was evidence to support such a finding. The appeal is allowed and the jury's verdict restored.

Court Disposition

appeal allowed; jury verdict restored

Orders

  • Appeal allowed
  • Judgment for the appellant for £64-5-9