THORNALLEY AND ANOTHER v. GOSTELOW AND ANOTHER.

(1946) 80 Ll.L.Rep. 507

KING'S BENCH DIVISION.*

Before Mr. Justice Morris.

Sale of ship - Breach of warranty - Innocent misrepresentation - Sale by defendants to plaintiffs of converted ship's lifeboat (powered by 25 h.p. motor engine) - Boat purchased without examination by defendants from third party for purpose of sale to plaintiffs - Receipt signed by third party stating that boat was "in watertight condition" - Boat bought by plaintiffs for purpose of inshore fishing - Defendants informed by plaintiffs of purpose for which boat required - Sale completed after trial trip - Evidence of statements honestly made by defendants at time of sale that boat was seaworthy and fit for plaintiffs' purpose - Whether intended by parties to form part of contract - Defects found in planking after subsequent fishing trips by plaintiffs - Unseaworthiness - Claim by plaintiffs for damages.