But Lord Blackburn held that since substantial restitution (i.e. the money equivalent) could be paid, rescission of the share contracts was not barred.
Lord Blackburn decided that delay did not bar rescission.
Lord Blackburn, however, while not overtly dissenting seemed to express reservations.
A key extract from Lord Blackburn's judgment [Lord Blackburn was one of the most distinguished judges of his time]:
Lord Blackburn said the following.
Foakes v Beer (1884) on part payments of debt (with a notable dissenting opinion by Lord Blackburn)
Lord Blackburn held, further, that it was no barrier to rescission that the guano could not be put back in the ground.
Co., where Lord Blackburn had said that to get a contract simply performing a private act is not enough to create obligations on other people.
That a contract should be completed by a private act is against the language of Lord Blackburn in Brogden v. Metropolitan Ry.
The following is a list of some of the cases in which Lord Blackburn gave leading judgments.