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Greer v Downs Supply Co (1927)

Facts

  • An agent concluded a contract with a third party, with consideration provided by way of discharging the agent’s personal debt owed to the third party

Issue

  • Could the agent’s undisclosed principal take over the contract?

Decision

  • No

Reasoning

  • The agent’s debt was said to make the agent’s identity material to the contract, such that it was incompatible with the undisclosed agency doctrine
  • Note: this case appears to have been overruled by Siu Kwan v Eastern Insurance Co [1994]
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