“…y LJ in Joscelyne v Nissen [1970] 2 QB 86, 91) of Lovell & Christmas Ltd v Wall was re-discovered in Frederick E Rose (London) Ltd v William H Pim Jnr & Co Ltd [1953] 2 QB 450. This was the ‘horsebeans’ case, which “has amused generations of law students” (per Tadgell JA in Club Cape Schanck Resort Co Ltd v Cape Country Club Pty Ltd …”
“…As Sir Nicholas Patten pointed out, this thinking comes out even more clearly in the immediately following passage of Denning LJ’s judgment in Rose v Pim [1953] 2 QB 450 at 461-2, where he said:…”
“…t argument was that, when Simonds J said in Crane’s case that it was sufficient to find a “common continuing intention”, he meant intention “as expressed”: see [1953] 2 QB 450, 457.…”