References: [1864] EngR 595, (1864) 3 H & C 343, (1864) 159 ER 563
Links: Commonlii
Coram: Williams J
The plaintff contracted with the defendant for the transport of horses, understating their value. On their loss, the plaintiff sought their full value. The defendant had succeeded in limiting the award to the value stated.
Held: Williams J cited with approval Blackburn’s statement in his Treaty on the Contract of Sale that ‘when parties have agreed to act upon an assumed state of facts their rights between themselves are justly made to depend on the conventional state of facts, and not on the truth.’
This case cites:
- Appeal from – M’Cance -v- The London And North Western Railway Company ([1861] EngR 967, Commonlii, (1861) 7 H & N 477, (1861) 158 ER 559)
In an action against a railway Company, the first count of the declaration alleged that the plaintiff employed the defendants to provide trucks for the carriage of the plaintiff’s horses, for hire to be paid by the plaintiff, in consideration . .
This case is cited by:
- Cited – Prime Sight Ltd -v- Lavarello PC ([2013] WLR (D) 514, Bailii, [2013] UKPC 22, WLRD, [2014] 2 WLR 84, [2013] 4 All ER 659, [2014] 1 AC 436)
(Gibraltar) Parties to a contract for the sale of land including the appellant company declared a purchase price which both knew to be false. Faced with insolvency proceedings, the appellant sought to challenge a claim for the full amount.
