Leaf v International Galleries [1950] 2 KB 86

Material Facts:

The claimant bought a painting known as “Salisbury cathedral” from the defendant with the belief that it was painted by the artist Constable. When this belief turned out to be erroneous five years after the purchase, the claimant sought to rescind the contract on grounds of mistake as to the quality of the painting.

Issues:

1. Whether the mistake on the quality of the painting was fundamental to render the contract void.

Holding:

1. That the mistake on the quality of the painting could not render the contract void.

Ratio Decidendi:

Per Lord Denning, although there was a breach of condition when it turned out the painting was not by Constable, so much time had passed that the claimant lost the right to rescind the contract. Further, that the parties had an agreement on the same subject matter, and the fact that the identity of the painter turned out to be false was not fundamental enough to void the contract.