en us. You have a free hand in the terms of this
correspondence, and I hope you will see your way to completing the
decorations.' On May 20 the defendant replied thus shortly: 'Very well.'
"In completing these decorations, the defendant incurred liabilities and
expenses which brought the total cost of this house up to the sum of
twelve thousand four hundred pounds, all of which expenditure has been
defrayed by the plaintiff. 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.
"It has been sought, on behalf of the defendant, to show that no limit of
expenditure was fixed or intended to be fixed by this correspondence. If
this were so, I can find no reason for the plaintiff's importation into
the correspondence of the figures of twelve thousand pounds and
subsequently of fifty pounds. The defendant's contention would render
these figures meaningless. It is manifest to me that by his letter of May
20 he assented to a very clear proposition, by the terms of which he must
be held to be bound.
"For these reasons there will be judgment for the plaintiff for the
amount claimed with costs."
James sighed, and stooping, picked up his umbrella which had fallen with
a rattle at the words 'importation into this correspondence.'
Untangling his legs, he rapi
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