LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1929) 35 Ll L Rep 217

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Lawrence and Lord Justice Greer.

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"-Meaning of "faults and errors of description"- Fitness of vessel as cargo-carrier-Commercial unsuitability of design-Arbitration - Finding by umpire that vessel was not reasonably fit for the purpose for which she was required and that she was not of merchantable quality-Award of damages-Held that the facts did not bring the case within Sect. 14 (1) or (2) of the Sale of Goods Act, 1893; further, that in any case such cause of action was excluded by Clause 5 of the agreement-Appeal dismissed.