Cases - Adamson v Jarvis

Record details

Name

Adamson v Jarvis

Date

(1827)

Citation

4 Bing 66

Keywords

Estate agency

Summary

The principal represented to an auctioneer that he was the owner of cattle and other goods and purported to authorise the auctioneer to sell them. The auctioneer was unaware of the fact that the principal had no right to sell the goods. After the sale, the true owner sued the auctioneer in the tort of conversion and was awarded damages of £1,195. The auctioneer also incurred costs of £500 in defending himself. The auctioneer sought an indemnity from the principal. The court held that, so long as the party seeking the indemnity is innocent and is not aware of the unlawfulness of the act, they are entitled to be indemnified by the wrongdoer in respect of their losses.