Jendwine v. Slade
England and Wales High Court of Justice
170 Eng. Rep. 459 (1797)
- Written by Robert Cane, JD
Facts
Slade (defendant) offered paintings for sale in a catalogue. The names of the painters appeared next to the pictures in the catalogue. Jendwine (plaintiff) purchased two paintings from Slade that he and Slade thought were originals. Jendwine paid Slade. Later, Jendwine discovered the paintings were copies and sought to rescind the contract for the sale. Slade refused. Jendwine brought an action to recover damages. Jendwine claimed that the appearance of the artist’s name next to a picture of a painting was a warranty of the painting’s authenticity.
Rule of Law
Issue
Holding and Reasoning (Kenyon, C.J.)
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