Mr Marshall, the defendant, owned a piece of land in Ashford, Middlesex, consisting of a bungalow attached to a pig holding.
In 1952, despite the licence condition, Marshall offered the property for sale with an asking price of £3,600, and Mr Ladd, the plaintiff, expressed an interest in buying it.
However, according to Ladd, he also paid Marshall an additional £1,000 in cash to make up the full sale price.
At the trial, in addition to his own testimony, Ladd called Mr Warren and Mrs Marshall as witnesses.
In the case of Muscat v Health Professions Council [2009] EWCA Civ 1090, Smith LJ stated "The Ladd v Marshall principles were indeed at the heart of the exercise of discretion [to admit new evidence]."