THOMPSON, SMITH and JOHNSON v. G.B. OLLIVANT AND COMPANY LIMITED (001) [1923] SLCA 2 (29 January 1923);

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Agency - authority of agent - power of attorney - formal power of attorney not essential to authorise person within jurisdiction to take out letters of administration - informal document may be sufficient: Although an executor who is outside the jurisdiction may authorise someone within it to take out letters of administration by a formal power of attorney, an informal document which clearly purports to give such authority will also be effective; failure to register such a power of attorney does not therefore invalidate the grant of administration (page 75, lines 9-14).

Contract - form - note or memorandum in writing - sale of landreceipt naming parties and containing main terms of agreement sufficient memorandum - not necessary to mention terms which neither party considers essential: The written note or memorandum of agreement required by the Statute of Frauds need not be a technically precise document and a receipt for a part payment which identifies the parties and the property concerned and contains the main terms of the agreement is sufficient; it is not necessary to mention any terms which neither party considers essential to the contract (page 72, line 36 -page 73, line 3; page 74, lines 1-6; page 75, lines 1-8)

 Land Law - conveyancing - written agreement or memorandum - receipt naming parties and containing main terms of agreement sufficient memorandum - not necessary to mention terms which neither party considers essential: See [ 2] above.

Law Report Citation: 
1920-36 ALR S.L.69