BEATON v. ADAM.

(1928) 30 Ll.L.Rep. 293

COURT OF SESSION.

Before Lord Fleming.

Sale of goods-Breach-Rescission by buyer -Delivery of coal by instalments for bunkering of trawlers-Allegation by buyer that coal was unsuitable for particular purpose-Seller's knowledge of "particular purpose"-Circumstances showing buyer's reliance on his own experience and judgment - Whether coal of unmerchantable quality-Finding that some deliveries were defective - Right of buyer to rescind - Evidence regarding alleged defects- Inference to be drawn from fact that market price had fallen below contract price; that remuneration of complainant crews of trawlers depended upon profits; that coal of the same description had been supplied to other steamship owners without complaint; that buyer, during the subsistence of the contract and when the contract coal supplied gave no cause for complaint, bought other coal at market price; and that buyer never claimed deduction in price of any shipment-Measure of damages-Mitigation-Substituted coal supplied, in interests of both parties, at port of shipment-Whether supplies under contract - Sale of Goods Act, 1893, Sects. 13, 14 (1) (2), 31 (2).