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)

[1964] 2 Lloyd's Rep. 227

QUEEN'S BENCH DIVISION

Before Mr. Justice Havers

Sale of goods-Merchantable quality-Implied condition - Sale of Goods Act, 1893, Sect. 14 (2). -Fitness for purpose-Implied condition - Whether fact that buyers and sellers were members of same Trade Association rebutted presumption that buyers relied on sellers' judgment-Sale of Goods Act, 1893, Sect. 14 (1). 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-Effect of Sale of Goods Act, 1893, Sect. 16. -Exemption clauses in contracts-Effect of prohibition of contracting out in Act. 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. -Arbitration clause-Whether arbitration a condition precedent to right to bring action-Whether clause provided a time bar to action. London Cattle Food Trade Association Contract Form No. 6-Acceptance by buyers of allowance in respect of sand or silica- Whether buyers precluded from claiming in respect of other defects. -Arbitration clause in contract - Whether arbitration a condition precedent to right to bring action-Whether clause provided a time bar to action. Limitation of action - Contract - Whether arbitration clause provided time bar to action.