Hardman v Booth (1863) 1 H & C 803

Material Facts:

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.

Issue:

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.

Holding:

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.

Ratio Decidendi:

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.