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(1881-82) LR 20ch d 1. The defendant was induced to buy a solicitor's practice my a representation that it bought in £300 pa. In fact, it bought in far less than that, which the defendant could have discovered by a more diligent investigation of the documents. The claimant sought Specific performance when the defendant did not complete the purchase. The Court of Appeal held that the claimant could not defeat the claim of misrepresentation mere by claiming that the defendant could have found the misrepresentation with sufficient diligence.

Although this case is still generally thought to represent the law, it can be contended that Smith v eric sbush (1990) puts it in doubt.