JURGENSEN AND ANOTHER v. F. E. HOOKWAY & CO., LTD.

[1951] 2 Lloyd's Rep. 129

KING'S BENCH DIVISION.

Before Mr. Justice McNair.

Sale of goods-Deceit-Fraudulent misrepresentation - Sale by sample - Breach of warranty-Sale of coffee by defendants to plaintiffs by sample- Contract in terms incorporating rules of General Produce Brokers' Association of London providing: 7. There is an implied condition that all goods contracted for are sound unless it is stated to the contrary at the time of entering into the contract or shown to the contrary in the sale sample.

Coffee bought by plaintiffs against sample tendered by defendants-Plaintiffs' belief that coffee was superior grade Santos from one shipper - Coffee, in fact, salved and damaged, rebagged and shipped from Cape Verde Islands - Claim by plaintiffs for damages, alleging fraudulent misrepresentation, deceit and breach of warranty-Further allegation by plaintiffs that defendants, knowing that plaintiffs were under a misapprehension as to quality, source, etc., of coffee, fraudulently allowed plaintiffs to continue in that belief-Evidence as to alleged misrepresentations-Plea by plaintiffs that sample was too small to show defects and that they were not informed that coffee was damaged- Contention by defendants that, in a sale by sample, any reference to the condition of the subject-matter was not necessary.