SULLIVAN v. CONSTABLE.

(1932) 43 Ll L Rep 10

COURT OF APPEAL.

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

Sale of yacht-Breach-Agreement by plaintiff to purchase defendant's yacht -No survey-Whether plaintiff bought yacht "as she lies"-Construction of correspondence between parties - Allegation by plaintiff that he closed only upon defendant's assurance that yacht was perfectly sound - Purchase completed-Yacht in fact affected with dry rot-Repairs and other costs incurred by plaintiff-Right of recovery against defendant - Held, that the defendant by his conduct or that of his agent was estopped from denying that the contract was concluded on the term that the yacht was in sound condition (Smith v. Hughes, (1871) L.R. 6 Q.B. 597, applied); and that therefore plaintiff was entitled to recover the total cost of repairs, &c. (less sum claimed in respect of defect in motor, there being no evidence that defect existed at date of purchase)-Appeal dismissed.