Cundy v Lindsay (1878) 3 AC 459

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  • A rogue called Blenkarn sends Lindsay (P) a letter offering to buy certain goods
  • He makes sure to sign his name so that it looks like ‘Blenkiron & Co’ which is a well respected business
  • The P sent the goods to the address the Rogue had listed, but he never paid for them and instead sold them to the defendant
  • Lindsay called “mistake”!
  • The Plaintiff had never intended to deal with Blenkarn, and would not have
  • There could never be consensus between the Plaintiff and the rogue, so the Plaintiff’s mistake voided the contract
  • Therefore the rogue had no title and as per nemo dat, no right to sell the goods.
  • The plaintiff succeeded in an action of conversion

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