LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1929) 35 Ll L Rep 13

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Sale of ship-Breach of warranty-Sale by Shipping Controller to Italian shipowners - "(5) The steamer with her broached stores, spare gear and outfit shall be taken with all faults and errors of description without any allowance or abatement" - Fitness of vessel as cargo-carrier - Commercial unsuitability of design-Arbitration-Award -Terms implied by umpire that vessel was fit for particular purpose and that vessel was merchantable-Finding that there was a breach of warranty under Sect. 14 (1) and (2) of Sale of Goods Act, 1893, and that the seller was liable in damages-Case stated-Held that upon the facts and bearing in mind Clause 5 of the agreement neither terms should have been implied and that the seller was not liable in damages for breach of warranty.