Cundy v. Lindsay
(1878) 3 App Cas 459 · House of Lords · 1878
PrincipleA mistake as to the identity of the contracting party renders the agreement void.
Facts
A rogue named Blenkarn ordered handkerchiefs from Lindsay & Co. by letter, signing his name to look like 'Blenkiron & Co.', a reputable firm known to Lindsay. Lindsay sent the goods, which Blenkarn sold to Cundy, an innocent buyer. Lindsay sued Cundy for the goods.
Held
The House of Lords held that Lindsay intended to contract only with Blenkiron & Co. and never with Blenkarn; there was no consensus and hence no contract at all. No title passed to Blenkarn, so he could pass none to Cundy, who had to return the goods.
Loading the full case…