Wilson Small v. United Kingdom Insurance] [1897] 2 Q. B. 42 Association Smalley v. Hardinge Smith v. Betty. v. Bruning Sneary v. Abdy Somerville v. Schembri. ".} 2 Ch. D. 434; 3 App. Cas. 376 600 641 [1893] P. 329 702 Steel v. State Line Steamship Company Stephenson v. Langston v. Liverpool Corporation Stiles v. Ecclestone Stock v. Meakin Stoneham v. Ocean Railway and General Accident Insurance Company Stradling v. Morgan . 584 596 62 34 596 Stringer v. Barker Studdert, In re. Sturtevant v. Ford Sumpter v. Cooper Surman v. Darley Sutton v. Johnstone PAGE L. R. 3 Ex. 114 777 L. R. 1 H. L., Sc. 326 455 673 10 M. & W. 109; 62 R. R. 534 253 [1899] 1 Q. B. 1009 347 [1903 1 K. B. 610 610 16 Q. B. D. 379 539, 673 3 B. & C. 165; 27 R. R. 313. 719 [1903] 2 Ch. 475 370 Y. Principal and Agent-Secret Profit received by Agent without Fraud-Right of The plaintiff employed the defendants, auctioneers, to sell goods for him by auction upon the terms that they were to be paid a lump sum by way of commission, and were further to be paid "all out of pocket expenses," including the expenses of printing and advertising. The defendants in due course sold the plaintiff's goods. In rendering their account of the out of pocket expenses to the plaintiff they debited him with the gross amounts of the printers' bill and of the cost of advertising in the newspapers, they having in fact received discounts both from the printers and the newspaper proprietors-a fact of which the plaintiff had no knowledge. There was evidence of a general custom for printers and newspaper proprietors to deal with auctioneers as principals, and to allow them a trade discount off their retail charges, which discount they would not allow to the auctioneers' customers if they dealt with them directly, and the defendants in omitting to disclose the fact of the discounts to the plaintiff did so in the honest belief that they were lawfully entitled under the custom to receive the discounts and retain them to their own use:Held, that although the defendants were not entitled to debit the plaintiff with the gross amounts of the printing and advertising bills, VOL. I. 1905. B 2 1904 Oct. 27. |