FREE BOOKS

Author's List




PREV.   NEXT  
|<   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252  
253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   >>   >|  
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
PREV.   NEXT  
|<   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252  
253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   >>   >|  



Top keywords:

plaintiff

 

defendant

 

pounds

 

correspondence

 

twelve

 

thousand

 
liability
 
judgment
 

decorations

 

importation


recover

 

fallen

 

liable

 

figures

 

hundred

 

brought

 

expenditure

 

completing

 

behalf

 
engagement

sought

 

entitled

 

umbrella

 

rattle

 

accepted

 

adopted

 

Untangling

 

picked

 
rights
 

meaningless


render

 

contention

 

manifest

 

letter

 

proposition

 
assented
 

subsequently

 

reasons

 

reason

 

intended


stooping

 
sighed
 

amount

 

claimed

 

defrayed

 

liabilities

 
expenses
 

action

 

alleged

 
maximum