HARDWICK GAME FARM v. SUFFOLK AGRICULTURAL AND POULTRY PRODUCERS' ASSOCIATION, LTD.; Wm. LILLICO & SON, LTD. (FIRST THIRD PARTY); GRIMSDALE & SONS, LTD. (SECOND THIRD PARTY); HENRY KENDALL & SONS (FIRST FOURTH PARTY); HOLLAND-COLOMBO TRADING SOCIETY, LTD. (SECOND FOURTH PARTY)

[1968] 1 Lloyd's Rep. 547

HOUSE OF LORDS

Before Lord Reid, Lord Morris of Borth-y-Gest, Lord Guest, Lord Pearce and Lord Wilberforce

Fertilisers and Feeding Stuffs Act, 1926 - Implied warranty of suitability - Whether applicable to feeding stuffs for pheasants and partridges-Whether applicable only to specific article sold in original state - Meaning of "poultry". -C.i.f. contracts-Applicability of Act -Unascertained goods-Passing of property. Sale of goods-Fitness for purpose-Implied condition - Whether fact that buyers and sellers were members of the same Trade Association rebutted presumption that buyers relied on sellers' judgment-Meaning of "particular purpose" - Sale of Goods Act, 1893, Sect. 14 (1). -Merchantable quality - Implied condition - Sale of Goods Act, 1893, Sect. 14 (2). Contract-Implied term from course of dealing -Whether conditions printed on contract notes sent to buyers in previous dealings could be impliedly incorporated into contract although buyers had never read those conditions. -Latent defects clause - Whether apt to exclude liability for breach of implied condition as to fitness or whether restricted to quality.