DONALDSON v. NOBLE

14 VLR 1021·A’BECKETT, WRENFORDSLEY and WILLIAMS, JJ.
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14 VLR 1021
14 VLR 1021
DONALDSON v. NOBLE Supreme Court of Victoria (Full Court) A’BECKETT, WRENFORDSLEY and WILLIAMS, JJ. July 10, 16, 26, 1888. December 13, 14, 19 December 1888 Vendor and purchaser — Specific performance — Sale of land — Agent's authority — Discretion of agent — Excess of authority — Cash — One-half cash — Open contract — Conditions of sale — Option to retire bill at any time, rebate of interest being allowed .

An agent appointed to sell land under general instructions has power and is bound to interpret them in a reasonable way in the exercise of a reasonable discretion, and to exercise a reasonable discretion in carrying them out, and to have regard not only to the circumstances of the particular case but also to the practice of the market.

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