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OF THE LAW.
PHILIP B. PETRIDES,
OF THE MIDDLE TEMPLE AND MIDLAND CIRCUIT.
STEVENS AND SONS, LIMITED,
119 & 120, CHANCEEY LANE,
It is believed that this work makes a new departure in the
books provided for students under the title of " Leading " or
" Selected " Cases. The method hitherto employed is that of
giving a leading case and appending to it a dissertation upon
various matters that appear to the author to be germane to the
principle of the leading case itself.
To follow this course would be to give a repetition of the
matter contained in the text- books to which this work on
leading cases is intended to be a companion volume. One
result of the form in which leading cases have hitherto been
published is that to reach such leading cases as are necessary
the student has to peruse a number of more or less bulky
volumes, one dealing with common law cases, another with
equity cases, and so forth.
Even then the volumes now available do not cover the
entire ground of the student's reading for any of the ordinary
examinations, such as the Solicitors' or the Bar Final.
The method adopted in the present work is to set out the
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to give it actuality and vividness, and then to give the substance
of the judgment. All such comment as the student will find in
his text-book on the subject is omitted.
Each case is preceded by a concise statement of the principle
decided, and is" occasionally followed by an elucidatory note.
In this way it has been possible to bring within the limits of a
moderate-sized volume no less than 415 cases illustrative of
every branch of the law which the student has to take up for
the purposes of his examinations.
The idea is to afford a companion volume to whichever text-
book he may happen to be studying on any particular subject,
so that he may be able to turn to this book for a sufficiently full
statement of the principal cases referred to in the text-book.
It is hoped also that the work will be found specially useful for
the purposes of revision, as containing in a small space all the
cardinal propositions of law with an appropriate illustration of
each one. It is believed that practically no case among those
usually labelled and recognised as "leading" has been omitted,
and a number of others will be found whose inclusion is con-
sidered to be justified by reason of their aptness as illustrations
of the principles underlying their decision.
Since this Book has been printed the case of Yonge v. Toi/nbce,
which in effect overrules the decision in Smout v. I/bery, has
been reported. The facts and decision are set out in the Corri-
gendum et Addendum on page xxxv.
My grateful thanks are due to the general editor, Mr.
Bertram Jacobs, LL.B., who is responsible for the scheme of
the book, for the invaluable assistance he has so freely rendered.
I also desire to express my sincere thanks to Mr. II. Trill, B.A.
and LL.B. (Camb.) and B.A. (Cape), and Mr. D. H. J.
Hartley, M.A. (Camb.), for their kind assistance in reading
proofs and for many valuable suggestions made.
PHILIP B. PETEIDES.
5, Puinp Court, Temple.
( v )
TABLE OF CONTENTS.
The Satanita — Dunraven y. Clarke (offer and acceptance
may be express or tacit) 1
Taylor v. Laird (offer must be communicated) U
Montreal Gas Co. v. Vasey goffer must be intended to create
legal relations ) -A
Davies v. Davies (offer must not be vague or illusory) 5
Richardson v. Rowntree (offer must give reasonable notice
of conditions; 6
Routledge v. Grant (offer is revocable before acceptance;... 7
Byrne v. Van Tienhoven (revocation of offer must be com-
Harvey v. Facey goffer must be distinguishable from mere
statement of fact) 10
In re Picktjs, Farina v. Fickus (offer must be distinguished
from mere statement of intention 1 11
Spencer v. Harding (invitation to treat is not an offer; ... 12
Carlill r. Carbolic Smoke Ball Co. (effect of offer to world
at large) 14
G. N. R. Co. v. Witham (once accepted an offer cannot be
revoked ) 15
Warlow v. Harrison (effect of sale by auction without re-
serve ) 16
Henthorn v. Fraser (mode of acceptance where none indi-
cated by offer) 17
Eltason v. Henshaw (mode of acceptance must bo that in-
dicated by offer) 18
Felthouse v. Bindley (the doing of an act indicating that
offeree has made up his mind to accept, is not necessarily
acceptance ) 19
Ramsgate Hotel Co. v. Montefiore (offer must lie accepted
within reasonable time if none fixed) -1
VI TABLE OF CONTENTS.
Household Fire Insurance Co. v. Grant (acceptance need
not reach offeror) 23
Jones v. Daniel (acceptance must be unqualified; 23
Hyde v. Wrench (qualified acceptance is equivalent to a
refusal and causes offer to lapse; 25
Simpson v. Hughes (remarks relating- to points arising- out
of bargain do not necessarily qualify acceptance) 26
Stevenson v. McLean (enquiry as to modification of term
not necessarily a refusal; 27
Coavan v. O'Connor (contract is deemed to be made at place
where accepted; 29
Denton v. G. N. R. Co. (offer to purchase ticket creates
a contract; 29
Kirkham v. Attenborough (acts exercising option to pur-
chase goods on " sale or return "; 30
Helby v. Matthews (hire-purchase agreements; 32
Stokes v. Lewis ^payment of a person's debt without con-
sent of debtor; 33
Xenos V. Wickham (constructive delivery of a deed; 34
Lawford v. Billericay Sural Council (corporation's lia-
bility where contracts not under seal; 35
Young v. Mayor of Leamington (contracts over 50/. by
urban authority must be under seal; 3G
Nash v. Armstrong (deed may be varied or rescinded by
subsequent parol agreement; 37
Smith v. Gold Coast and Ashantl Explorers, Ltd. (con-
tracts for one year from day after agreement; 38
McGregor v. McGregor (contracts capable of performance
within one year) 3'J
Birkmyr v. Darnell (contracts of guarantee) 40
Mountstephen v. Lakeman (contracts of guarantee; 40
Holmes v. Mitchell (requirements of Statute of Frauds) .. 42
Buxton v. Rust ("memorandum or note in writing") 43
Lucas v. Dixon (memorandum must be made before action
Rossiter v. Miller (acceptance subject to execution of
formal contract; 44
In re Hoyle, Hoyle v. Hoyle ("memorandum or note in
writing- ") 45
Hoadiey v. Maclaine (price omitted from memorandum)... 46
Long i\ Millar (connecting separate documents) 47
TABLE OF CONTENTS. Vll
Oliver v. Hunting (connecting- separate documents) 47
Pearce r. Gardner (connecting- letter with envelope) 4'o
Leroux v. Brown (non-compliance with Statute of Frauds). 49
Britain v. Rossiter (part performance of contracts required
to be in writing) 50
Maddison v. Alderson (part performance of contract re-
quired to be in writing) 51
Lee v. Griffin (contracts to make goods worth more than
Page v. Morgan ("receipt and acceptance" of goods) 53
Peek v. North Staffordshire Railway Co. (special con-
tracts by carriers) 54
Bainbridge v. Firmstone (adequacy of consideration -will
not be considered) 55
Fleming v. Bank of New Zealand (definition of considera-
Tweddle v. Atkinson (stranger to consideration cannot
Eastwood v. Kenyon (past consideration is no considera-
Wade v. Simeon (forbearance to sue usually a good con-
Hartley v. Ponsonby (promise to perform existing eon-
tract is no consideration) 59
Goddard v. O'Brien (payment of a smaller sum in satis-
faction of a larger) 59
Good v. Ciieesman (consideration for a composition) 60
Coggs v. Bernard (liability of gratuitous bailee) 61
Collins v. Blantern (a deed is void if the consideration
is illegal) 62
Mighell v. Sultan of Johore (actions against foreign sove-
Nash v. Inman (necessaries for infants) 63
Edwards v. Carter (continuing contracts of infants) 64
Green v. Thompson (infant's contract for his benefit) 64
Ditcham v. Worrall (ratification of promise of marriage
by infant) 65
Jennings v. Rundall (contract of infant framed in tort)... 66
Imperial Loan Co. v. Stone (contracts by a lunatic) 66
Lewis v. Clay (signature to negotiable instrument obtained
bv fraud) 67
Vlll TABLE OF CONTENTS.
Cundy v. Lindsay (mistake as to party with whom con-
tracting) •_._ 68
Raffles v. YVjcheliiaus (mistake as to subject-matter of
Scott v. Coulson (mistake as to subject-matter of contract; 70
Paget v. Marshall (mistake as to subject-matter of con-
In re Bodega Co., Ltd. (nioney paid under mistake of fact
is recoverable; 71
Rogers v. Ingham (money paid under mistake of law) 73
Derry v. Peek (^effect of innocent misrepresentation and
Anderson v. Pacific Insurance Co. (statement of honest
opinion not misrepresentation; 75
Bates v. Hewitt (innocent misrepresentation of contracts
uberrima fidei) 75
Seddon v. North Eastern Salt Co., Ltd. (rescission of
executed contract for sale of chattel; 76
Ward v. Hobbs (caveat emptor applies to sale of goods) .... 77
Freeman v. Cooke (estoppel by wilful misrepresentation)... 78
Ark wright v. New t bold (deceit must deceive to constitute
action for fraud) 79
Carrtni.tons, Ltd. v. Smith (•'■ harsh and unconscionable "
money-lending contracts; 80
Egerton v. Brownlow (contracts contrary to public policy) 81
Mosse v. Killick (simony is illegal; 81
De Mattos v. Benjamin (money won by agent in gaming
Burge v. Ashley & Smith, Ltd. (money in hands of stake-
holder in gaming transaction; 83
Carney v. Plimmer (money lent to make a wager not re-
Tatham v. Reeve (money paid in discharge of gaining
debt of another) 84
Fitch v. Jones (bill of exchange in payment of a wager). ... 85
Universal Stock Exchange v. Stracuan (transaction to pay
dill'erences where no intention to purchase) 86
Keir v. Leemax (agreements to stifle criminal proceedings). 87
Rees v. De Berxardy (champerty is illegal) 87
Hermann v. Charlesworth (marriage brocage contracts
arc illegal ) 88
TABLE OF CONTENTS. IX
Lowe v. Peers (agreements iu total restraint of marriage
are not binding) 89
Cart wright v. Cartwright (agreements as to present and
future separation) 89
NoRDENFELT V. MAXIM-NoRDENFELT GUN Co., LTD. (cOll-
tracts in restraint of trade must be reasonable) £0
Pickering v. Ilfracombe Eailway Co. (effect of illegality
of part of contract) 91
Fisher v. Bridges (security under seal for prohibited pay-
ments is void) 92
Harse v. Pearl Life Assurance Co. (in pari delicto, potior
est conditio possidentis) 93
Pearce v. Brookes (agreement innocent in itself is void if
in aid of illegal object; 93
Beaumont v. Beeve (past illicit cohabitation is no considera-
Taylor v. Bowers (where illegal purpose unperformed the
consideration therefor is recoverable) 94
Santos v. Illidge (contracts made abroad legal where made
but unlawful in England) 95
Hyams v. Stuart King (fredi consideration may supersede
former illegal consideration) 9G
Law v. London Indisputable Life Policy Co. (insurable
interest at date of insurance) 97
Humble v. Hunter (assignment of executory contract) ... 98
Hughes v. Pump House Hotel Co. (effect of absolute assign-
ment of chose in action; 99
London Joint Stock Bank v. Simmons (bond fide holder for
Value of negotiable instrument obtains good title) 100
Bechuanaland Exploration Co. v. London Trading Bank
(class of negotiable securities may be added to) 101
The Conflans Stone Quarry Co. v. Parker (loser of bill
of exchange must indemnify payer) 102
LicKBARBOW v. Mason (right to " stoppage in transitu "
maj' be defeated) 102
Finlay v. Chirney (actio personalis moritur cum 'persona).. 103
Wood v. Leadbitter (licences are revocable at will) 104
Pybus v. Gibb (discharge of surety by variance of terms
of contract) ••• 10.5
Dixon v. Clarke (legal tender) 106
Nugent v. Smith (discharge of contract by act of God") 106
Blower v. G. W. B. Co. (discharge of contract by act of
God and inherent defects in goods carried) 107
X TABLE OF CONTENTS.
Gibbs v. Guild (Statute of Limitations; 108
Cutter v. Powell (quantum meruit) 109
Sumpter v. Hedges (quantum meruit) 110
Ritchie v. Atkinson (quantum meruit) Ill
Behn V. Burness (broach of condition is ground for rescis-
sion or damages; Ill
Hochster v. L)e la Tour (renunciation of contract before
date of performance) 112
Le Blanche v. L. & N. W. R. (Jo. (right to fulfil contract
on breach by other party; 113
Smith v. Marrable (warranty on letting a furnished house) 114
Hopkins v. Tanqueray (warranty must be made during ne-
gotiations for sale) 114
Readhead v. Midland Railway Co. (railway companies are
not insurers of passengers) 115
G. W. R. Co. v. Bunch (railway companies are insurers of
Welch v. L. & N. W. R. Co. (railway companies are not
liable for baggage handed to a porter for safe custody; 117
Jones v. Just (goods sold by description must be merchant-
Scaramanga v. Stamp (deviation of ship is justifiable to
save life, but not to salve) 119
Hadley v. Baxendale (measure of damages for breach of
Public Works Commissioner v. Hills (liquidated damages
or penalty; 121
Law v. Local Board of Redditch (liquidated damages or
Budgett v. Binnington (impossibility of performance) 123
Taylor v. Caldwell (impossibility of performance) 124
Baily v. De Crespigny (impossibility of performance by
operation of law) 12G
Robinson v. Davison (death or illness discharges contracts
depending on personal skill) 127
8 1 feet, v. Bank of England (a material alteration of a
written instrument avoids it) 128
Heather v. Webb (discharge of bankrupt releases all debts) 129
Debenham v. Mellon (husband's liability fur debts of wife) 129
Wilson v. Glossop (husband's liability where separated
from wife) 131
Ludgater v. Love (innocent misrepresentation of agent
induced by fraud of principal; 131
TABLE OF CONTENTS. XI
Pick erini.; v. Busk (principal is liable for acts done within
apparent authority of agent) 132
The " Pontida " (authority of master of ship to pledge
credit of owner) 1.33
Kelner v. Baxter (contract on behalf of non-existent prin-
Morison v. Thompson (agent must not make secret profits).. 134
Rothschild v. Brookman (agent to buy or sell must not
sell to or buy from himself) 135
Bell v. Balls (auctioneer is agent of buyer and seller to
sign memorandum at sale) 136
Die Elbinger, &c. v. Claye (agent for foreign principal is
personally liable) 138
Collen v. Wright (agent's liability on implied warranty
of authority) 138
Davenport v. Thompson (liability of undisclosed principal) 139
Bawden v. London, Edinburgh and Glasgow Assurance
Co., Ltd. (agent's knowledge is knowledge of principal) 140
Smout v. Ilbery (death of principal determines agency) ... 141
Cox v. Midland Counties Railway Co. (particular agent
may not act beyond the scope of his apparent authority) 142
In re Carmichael (an authority coupled with an interest is
irrevocable ) 143
XU TABLE OF CONTENTS.
Ashby v. White (injuria sine damno) 144
( 11 asemore r. Richards (damnum sine injuria) 144
Ballard v. Tomlinson (landowner's right tu underground
River Weak Commi.ssio.neks c. Adamson ^torts only arise
from voluntary act or negligence of tortfeasor) 146
Rylands v. Feetcher (liability for bringing- dangerous
things on to one's premises) 147
Baker v. Snell (domestic animals which become dangerous; 148
.Nichols v. Marsland (escape of dangerous thing by act
of God) 149
Scott v. Shepherd (tortfeasor liable for natural and pro-
bable result of wrongful act; 1 4'J
Mayor or Bradford v. Pickles (motive of tort) 1-30
Sharp v. Powell (damage caused by tort must nut lie too
Gorris v. Scott (oTnission of statutory duty causing
Langridge v. Levy (privity of contract not necessary in
action for tort) 1-32
Le Lievre r. Gould (untrue statement which causes
Machado v. Pontes (toris committed abroad) 154
Hatchard v. Me'ge (actio personalis moritur cunt •persona). 155
Walker v. Great Northern Railway Co. of Ireland (in-
juries to infant en ventre sa mere) 156