Hardman v Booth (1863) 1 H & C 803
The plaintiff, a manufacturer, visited the office of Gandell & Co with the intent to sell them some goods. The plaintiff met Edward Gandell at the office of Gandell & Co who convinced the plaintiff that he was an agent of the firm and had the authorization to order goods. Edward Gandell then ordered goods on behalf of Gandell & Co and intercepted the goods when the plaintiff delivered them. Edward Gandell then resold the goods to the defendants.
1. Whether the contract between the plaintiff and Edward Gandell was void on grounds of mistake.
2. Whether or not the claimants can recover the goods from the defendant.
1. That the contract between the plaintiff and Edward Gandell was void on grounds of mistake.
2. That the claimant can recover the goods from the defendant.
The court ruled that the claimant had only intended to contract with Gandell & Co and not with Edward Gandell. Since Gandell & Co had not authorized the plaintiff to contract on their behalf, the contract between the rogue and the plaintiff was void even though it occurred face-to-face.