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Cundy v Lindsay
''Cundy v Lindsay'' (1877–78) LR 3 App Cas 459 is an English contract law case on the subject of mistake, introducing the concept that contracts could be automatically void for mistake to identity, where it is of crucial importance.〔(1877-78) LR 3 App Cas 459, page 465〕 Some lawyers argue that such a rule is at odds with subsequent cases of mistake to identity, such as ''Phillips v Brooks'',〔() 2 KB 243〕 where parties contracting face to face are merely voidable for fraud, protecting a third party buyer.〔MacMillan, p. 372〕 However, the ultimate question is whether the identity of the other contracting party was crucial to the contract. The problem for the courts was essentially which of the two innocent parties should bear the loss of the goods.
==Facts==
Lindsay & Co were manufacturers of linen handkerchiefs, amongst other things. They received correspondence from a man named Blenkarn. He had rented a room at 37 Wood Street, Cheapside, but purported to be 'Blenkiron & Co'.〔(1877-78) LR 3 App Cas 459, page 460〕 Lindsay & Co knew of a reputable business of this name which resided at 123 Wood Street. Believing the correspondence to be from this company, Lindsay & Co delivered to Blenkarn a large order of handkerchiefs.〔 Blenkarn then sold the goods – 250 dozen linen handkerchiefs – to an innocent third party, Cundy. When Blenkarn failed to pay, Lindsay & Co sued Cundy for the goods.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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