ABSTRACT
Waithman v Wakefield (1807) Mrs Wakefield ordered some dress material from the plaintiffs (T) on her husband’s (P) account. In doing this, she had acted outside of any actual or apparent authority. The plaintiffs, being unpaid, then visited Mrs and Mr Wakefield and demanded the return of the goods. Mr Wakefield disowned the transaction and agreed to return the goods. But Mrs Wakefield refused and her husband backed down in favour of his wife. So the plaintiffs sued Mr Wakefield for the price of the goods. Mr Wakefield argued that he was not bound by the unauthorised act of his wife.
