Smith v Asher Real Estate

The appeal concerned a dispute between Smith and Asher Real Estate. Smith alleged that a promise had been made to him by an individual, who was not a party to the appeal, to grant him a share in the company. Smith sought to hold Asher Real Estate liable for this alleged promise. The court was required to determine whether Asher Real Estate was bound by the promise made by its employee.

The central legal issue before the court was whether the employee who made the promise to grant Smith a share in the company had acted as an agent for Asher Real Estate, thereby binding the company to that promise. The court had to consider the evidence presented regarding the nature of the employee's authority and whether it extended to making such a commitment on behalf of the company.

The court found that there was no evidence to establish that the employee had acted as an agent for Asher Real Estate in making the promise to Smith. Consequently, the company was not bound by the individual's promise. The appeal was therefore dismissed.