Lumsden v Burnett [1898] 2 QB 177

 

The collector of taxes distrained for a tax debt of under 20.

A walking-possession agreement was made with the debtor's daughter without his consent. The outstanding tax was then settled, but a demand was made for a fee of 15 shillings for the man in possession which paid under protest. The debtor then sued in the county court to recover this amount.

Judge Chitty said "The document signed by the plaintiff's daughter does not bind him as an agreement: the daughter's signature was without any authority express or implied on his part".