Attwood v Small (1838)

• The Seller of a mine exaggerated claims about the potential
• The purchaser's appointed their own experts who agreed with the seller
• The accounts had greatly exaggerated the income generated by the estate .
• The claimant sought to rescind the contract based on the misrepresentation contained in the reports and accounts
• Ruling - The claimant was unsuccessful. By getting his own experts to check out the reports he had not relied on the accounts but his own judgement
• Point of Law. If the misrepresentation is not discovered after a third party checks the facts , then the statement is not being relied upon