CAMMELL LAIRD & CO., LTD. v. MANGANESE BRONZE & BRASS COMPANY, LTD.

(1932) 43 Ll L Rep 466

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Contract-Breach-Supply by defendants of propeller for use in ship built by plaintiffs-Propeller too noisy for use in particular ship - Classification refused by Lloyd's Register-Rejection of propeller by plaintiffs-Acceptance of second of two further propellers subsequently supplied by defendants- Dispute as to cause of noise-Measure of damages-Claim by plaintiffs for extra expenses incurred-Counterclaim by defendants for price of extra propellers -Sale of Goods Act, 1893, Sect. 14-Held, that the root cause of the trouble was that the blades were not properly shaped for their purpose; that the correspondence between the parties showed that the plaintiffs made known to the defendants by implication the particular purpose for which the propeller was required and in such a way as to show that the plaintiffs relied upon the defendants' skill and judgment; and that therefore the propeller was rightly rejected by the plaintiffs- Judgment for plaintiffs on claim and counterclaim.