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M’Cance v The London And North Western Railway Company; 20 Jun 1864

References: [1864] EngR 595, (1864) 3 H & C 343, (1864) 159 ER 563
Links: Commonlii
Coram: Williams J
The plaintff contracted with the defendant for the transport of horses, understating their value. On their loss, the plaintiff sought their full value. The defendant had succeeded in limiting the award to the value stated.
Held: Williams J cited with approval Blackburn’s statement in his Treaty on the Contract of Sale that ‘when parties have agreed to act upon an assumed state of facts their rights between themselves are justly made to depend on the conventional state of facts, and not on the truth.’
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