- The claimant, a feared theatre critic, wished to obtain a ticket to the opening night of ‘The Whirligig’, in order to review it
- The theatre refused his purchase, and were within their rights to do so
- The claimant then purchased a ticket as an undisclosed principal
- He was then refused entry
- Was he entitled to enter and watch the show?
- Identity was said to be material to such a contract
- Opinion: this case would likely not be followed today given the different cultural traditions followed in the 1910s