Court case[1919] 2 KB 243

A man entered Phillips's jewellery shop, chose pearls and a ring worth about 3,000 pounds and wrote a cheque, saying "I am Sir George Bullough" and giving that gentleman's address. Phillips checked the name in a directory and let him take the ring. The cheque was worthless. The rogue pledged the ring with Brooks Ltd, pawnbrokers, who took it in good faith. Phillips sued the pawnbrokers for the return of the ring, arguing that the contract of sale was void for mistake as to identity, so that no title had passed.

Horridge J held for the pawnbrokers. The jeweller had intended to sell to the man physically in his shop, whoever he was; the false name went only to the rogue's creditworthiness, not to the identity of the person with whom he was contracting. The contract was therefore voidable for fraud, not void for mistake, and since the rogue had pledged the ring before the contract was avoided, the pawnbrokers obtained a good title.