Cases - Jones v Phipps

Record details

Name

Jones v Phipps

Date

[1868]

Citation

LR 3 QB 567

Keywords

Estate agency

Summary

The trustees of a marriage settlement left the entire management of a farm to the life tenant of the estate, Sir Maxwell Graves. Sir Maxwell determined the tenancy of the farm by notice to quit in his own name. The tenant believed Sir Maxwell to be the legal owner of the farm. It was held that Sir Maxwell, being a general agent and not one holding a special or limited authority, was able to serve a valid notice to quit in his own name without referring to his agency. However, it was also held that the notice must be such as the tenant may act upon safely; that is, one which is in fact, and which the tenant has reason to believe to be, binding on the landlord.