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Lewis v Averay

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In Lewis v. Averay, a rogue impersonating Richard Green, a popular actor, told the plaintiff, who had advertised the sale of his car, that he wished to buy it for the advertised price of £450. Subsequently, the rogue signed a cheque "R. A. Green" and presented it to the seller; as a result, he was allowed to take the car. The cheque bounced, and the buyer was not Richard Green. He sold the car to Averay, a third party who purchased the car in good faith. In an action brought against Averay for conversion, the Court of Appeal, following Phillips v. Brooks and disregarding Ingram v. Little, held that despite his mistake, the plaintiff had concluded a contract with the rogue.



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