Record owned a farm that was managed by his agent, Berry, who lived on the farm.
ID: 442930 • Letter: R
Question
Record owned a farm that was managed by his agent, Berry, who lived on the farm. Berry hired Wagner to bale the hay and told him to bill Record for this work. Wagner did so and was paid by Record. By the summer of the following year, the agency had been terminated by Record, but Berry remained in possession as tenant of the farm and nothing appeared changed. Late in the summer, Berry asked Wagner to bale the hay as he had done the previous year and bill Record for the work. He did so, but Record refused to pay on the ground that Berry was not then his agent. Wagner sued him. Decide.
Explanation / Answer
Basis the facts in the question, Record has terminated the agency and relieved them from performing any activities for Record.
Wagner was hired by the Agency.
Since the agency was terminated they cannot act on behalf of Record and hecne Record is not liable to pay to Wagner.
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