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)

[1966] 1 Lloyd's Rep. 197

COURT OF APPEAL

Before Lord Justice Sellers, Lord Justice Davies and Lord Justice Diplock

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-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.