Zeederberg & Co v Bosman & Co [1880] ZASCCGH 8 (20 February 1880)

Broker.-General Agent.

B. & Co. employed J. & Co., brokers, with whom they had previously had similar transactions, to sell meal for them, and instructed J. & Co. not to sell more than 1000 sacks, and not to take less than 27 s. a sack. J. & Co. sold to Z. & Co. 1500 sacks at 26s. 6d. a sack. B. & Co. refused to recognise the sale. Held, in an action for damages for breach of contract, by Z. & Co. against B. & Co., that, as J. & Co. had twceeded their instru-ctions, and as the fact that they had been employed by B. & Co. in several special transactions did not constitute them the general agents of the latter, B. & Co. were entitled to repudiate the agreement entered into by J. & Co. and Z. & Co.