Facts
Mr Hughes was a racehorse trainer. Mr Smith brought him a sample of oats, and Hughes ordered forty to fifty quarters of oats at 34 shillings a quarter. Sixteen quarters were sent to start with. But when they arrived, Hughes said they were not the oats he thought they were. He had apparently wanted old oats (which are the only ones racehorses can eat), and he was getting new, green oats. In fact, Smith's sample was of green oats. Hughes refused to pay and Smith sued for breach of contract, for the amount delivered and for damages for the amount for oats that were still to be delivered.
The jury at the County Court of Surrey holden at Epsom, initially held for Mr Hughes that there was a mistake on his part, but were directed by the judge that if Mr Hughes was under a mistake about the oats (thinking they were old when they were green oats) and Mr Smith had known it, they should find in Mr Hughes' favour. Mr Smith appealed.
Read more about this topic: Smith V Hughes
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