Bradlaw v Ideal Films and Reid

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 01 January 1926
• Date: 01 January 1926

S. C., I. F. S.,

Izidore I. Bradlaw

Plaintiff

Ideal Films and Reid

Defendants

Action against company and manager for hirage and damages - Ostensible authority of manager to hire - Express and particular authority - Alleged conversation as evidence against the company - Judge's direction to jury regarding manager's authority - No case of agency.

The plaintiff brought an action against a film company and their branch manager for the Irish Free State for the return of a motor car, or its value, damages for its detention, and £56 for hirage of the car. It was alleged by the plaintiff that the branch manager, acting as agent for and on behalf of the company, verbally contracted for the hirage of the car, and he took possession of it, and was indebted to the plaintiff for seven weeks' hirage at a rate agreed upon. Plaintiff further alleged that the defendants wrongfully detained the car. The company in their defence denied that the branch manager acted as agent of the company or had the company's authority to contract for the hirage of the car, and they alleged that the terms and conditions of the hirage included a warranty that the car was in good condition and fit to be driven long journeys, whereas it was in bad condition and of no use or value to the defendants. The branch manager in his defence denied that he entered into any contract with the plaintiff for or on behalf of the company, and alleged that he was inducedto hire the car for one week by the plaintiff's warranty that it was in good order and suitable in every way for the purpose for which it was required. While he was driving it from Dublin to Cork the car broke down at Cashel, where he left it in a garage. He duly informed the plaintiff of those matters, and procured spare parts for the repair of the...