STOCKS v. WINGFIELD.

(1946) 80 Ll.L.Rep. 125

KING'S BENCH DIVISION.

Before Mr. Justice Morris.

Sale of ship - Misrepresentation - Innocent or fraudulent - Sale of motor yacht by plaintiff to defendant - £750 paid on signing of agreement, the balance of £250 to be paid after completion of certain work by vendor, when yacht was to be handed over - Provision in contract that "the vendor gives no warranty except that the main, wing, and lighting engines and accessories are in reasonable running order at handing over" - Verbal inquiry as to condition of hull made on three occasions by purchaser before entering into contract - Purchaser informed by vendor that as far as he knew the hull was sound - Evidence of serious rotting of timbers and stringers - Knowledge of vendor - Whether statement made by vendor as to condition of hull was fraudulent, inducing purchaser to enter into contract of sale - Evidence of capsizing of yacht on two separate occasions; of previous surveys; and of repairs and alterations made by vendor before sale - Yacht taken over by purchaser before vendor had completed repairs provided for in contract of sale - Claim by vendor for balance of price - Counterclaim by purchaser for rescission and for return of money paid.