Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

ECAY v. GODFREY.

(1946) 80 Ll.L.Rep. 286

KING'S BENCH DIVISION.

Before Lord Goddard (Lord Chief Justice).

Sale of ship - Misrepresentation - Warranty - Sale of motor cruiser by defendant to plaintiff - Oral agreement - Evidence of conversation between parties leading up to sale - Questions raised by plaintiff as to condition of boat and as to her sea-going capabilities - Qualified answers by defendant - Boat purchased by plaintiff next day without any further inquiry - Boat in fact unsound - Claim by plaintiff for damages for breach of warranty - Meaning of "warranty" - Test to be applied.

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