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

(1933) 45 Ll.L.Rep. 89

COURT OF APPEAL.

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

Contract-Breach-Supply by defendants of propeller for use in ship built by plaintiffs under the superintendence and to the reasonable satisfaction of the owners' representative and to be classed 100 A1 at Lloyd's-Propeller contract: "Engines No. 972. Propeller of special Parsons manganese bronze. One four-bladed, right-hand solid propeller, to be 16 ft. diameter with a pitch of 11 ft., and to have a total developed area of 80 sq. ft. in four blades. Maximum b.h.p. 2150 at 105 revolutions per minute. Propeller to be supplied finished machined complete and polished all over in highest class style, with boss bored; faced; and key-way cut to our template, edges brought up to fine lines, true to pitch; ready for fitting to shaft on delivery. Please notify us in good time when ready for templates. Copy of pitch readings to be sent to us for our information. Sweeps, boards, &c., to be supplied by you. For further particulars see print No. 206699, a copy of which you have. To be guaranteed against defective material and workmanship for a period of six calendar months after handing over of vessel to owners. To be to the entire satisfaction of the owners' representative and ourselves"-Propeller too noisy at low speeds for use in particular ship fitted with Diesel engines-Refusal by Lloyd's Register to give unqualified class-Rejection of propeller by plaintiffs-Acceptance of second of two further propellers subsequently supplied by defendants- Dispute as to cause of noise-Claim by plaintiffs for extra expenses incurred- Counterclaim by defendants for price of extra propellers-Sale of Goods Act, 1893, Sect. 14 (1), (2)