The Law Reports (Appeal Cases)
[1969] 1 AC 31
[HOUSE OF LORDS]
HENRY KENDALL & SONS (A FIRM). APPELLANTS AND WILLIAM LILLICO & SONS LTD. AND OTHERS. RESPONDENTS HOLLAND COLOMBO TRADING SOCIETY LTD.. APPELLANTS AND GRIMSDALE & SONS LTD. RESPONDENTS
[CONSOLIDATED APPEALS]
GRIMSDALE & SONS LTD. APPELLANTS AND SUFFOLK AGRICULTURAL POULTRY PRODUCERS ASSOCIATION RESPONDENTS
[Appeals from HARDWICK GAME FARM v. SUFFOLK AGRICULTURAL POULTRY PRODUCERS ASSOCIATION]
1968 Jan. 15,
16,
17,
18,
22,
23,
24,
25,
29,
30,
31;
Feb. 1, 5, 6, 7;
May 8
Feb. 1, 5, 6, 7;
May 8
Lord Reid, Lord Morris of Borth-y-Gest, Lord Guest, Lord Pearce and Lord Wilberforce
Sale of Goods
— Warranty
— Implied statutory warranty
— Groundnut extraction sold to manufacturer for use as ingredient in compound food for poultry
— Food fed to pheasants and partridges
— Deaths of chicks and poults due to toxic substance in groundnut extraction
— Whether warranty as to suitability of “article” for use as food for poultry applicable
— Whether damages recoverable
— “Poultry”
— Meaning of
— “Article”
— “Meaning of
—
Fertilisers and Feeding Stuffs Act, 1926 (16 & 17 Geo. 5, c. 45), s. 2 (2), Sch. 1.
Sale of Goods
— C.i.f.
— Implied statutory warranty
— Toxic groundnut extractions sold for resale and manufacture into compound food for poultry
— Circumstances in which implied statutory warranty as to suitability applies to c.i.f. contracts
—
Fertilisers and Feeding Stuffs Act, 1926, s. 2 (2).
Sale of Goods
— Implied term
— Fitness for purpose and merchantable quality
— Toxic groundnut extraction sold for compounding into poultry food
— Oral contract confirmed by sale note placing responsibility for latent defects on buyer
— Effect of
— Extraction suitable for some purposes but not for the particular purpose for which sold
— Whether a breach of implied terms as to fitness and 32merchantability
— Buyers and sellers of goods members of same trade association
— Contracts on association's standard form
— Clause placing responsibility for latent defects on buyers
— Whether buyers entitled to rely on sellers' skill and judgment
—
Sale of Goods Act, 1893 (56 & 57 Vict. c. 71), s. 14 (1) (2).
Animal
— Bird
— “Poultry”
— Whether including partridges and pheasants.