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Lewis v Averay

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In Lewis v. Averay, a rogue impersonating one Richard Green, a popular actor, told the plaintiff who had advertised to the sale of his car and offered to buy it for the advertised price, 450 pounds. Subsequently, the rogue appended his signature that clearly displayed "R. A. Green" on a cheque which he presented to the seller; as a result, he was granted the chance of taking away the car. The cheque bounced and the buyer was indeed not Richard Green. He sold the car to one Averay, a third party who purchased the car in honesty. 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 completed a contract with the rogue.



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