MITSUI & CO. LTD. v. MARPRO INDUSTRIAL LTD AND GOUKEKET & CO. N.V.

[1974] 1 Lloyd's Rep. 386

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Kerr

Principal and agent - Breach of warranty of authority - Broker instructed by third party to buy chemicals for him - Offer to buy made by telephone to Dutch company - Bid accepted by person answering telephone - Bought and sold note sent to buyer and to Dutch company - Repudiation of contract by Dutch company - Whether person answering telephone had express or apparent authority to conclude contract - Whether broker liable to third party for damages for breach of warranty of authority if no contract effectively made.