PHILLIPS V BROOKS LTD

PHILLIPS V BROOKS LTD

Citation: [1919] 2 KB 243

Coram: Horridge J

A jeweller was induced to sell a ring to a rogue who presented himself as Sir George Bullough of 11 St. James’s Square. The jeweller had heard of Sir George Bullough and his check confirmed that he indeed lived in that address. he accepted cheque for payment, which of course proved useless. He sought to recover the ring from the buyer whom the rogue had sold it to.

The court held, ‘The fact that the seller was induced to sell by fraud of the buyer made the sale voidable, not void. He could not have supposed that he was selling to any other person; his intention was to sell to the person present, and identified by sight and hearing; it does not defeat the sale because the buyer assumed a false name, or practised any other deceit to induce the vendor to sell.’