Facts
- Auctioneers were employed as agents to sell goods for Overbrooke Estates as principal
- Glencombe Properties placed the winning bid on Overbrooke’s property
- The conditions of sale prevented the auctioneers from making any representation or warranty in relation to the property
- The auctioneers falsely represented to Glencombe before their bid that the council had no plans to compulsorily purchase the property
- The council subsequently announced its programme of compulsory purchases, which would include Glencombe’s new property
Issue
- Could an order for specific performance be obtained?
Decision
- Yes
Reasoning
- Overbrooke were not responsible for the representation and apparent authority had been expressly denied, overruling the auctioneer’s representation
