What are the principles set out in Houghton v.Houghton and what are the implications of the principles in the case law?
British Columbia, Canada
The following excerpt is from Taylor Ventures Ltd. (Re) (Trustee of), 1999 CanLII 5363 (BC SC):
The principles set out in Houghton have been followed or referred to with approval a number of times in Canada. In Joshua Calloway v. Stobart Sons and Company, (1904) 35 S.C.C. 301, the court dealt with the claim of a broker for commission as agent for the sale of the property. The court affirmed the judgment appealed from and agreed that the broker could not receive a commission as he had failed to secure a purchaser on the terms specified. In his judgment, Taschereau C.J. in obiter stated that the plaintiff: "... knew very well that he was dealing with an officer of limited authority. And he must be assumed to have known that selling the company's real property is not within the usual powers of its president or manager." (at p.306)
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