Hugall v Raine [1908] HCA 93

Hugall v Raine [1908] HCA 93

There was no general question of law arising as the case turned on the specific documents and facts, and the amount in dispute was below the threshold for special leave; thus, special leave to appeal was refused.

Parties
Appellant; Defendant: Hugall; Respondent; Plaintiff: Raine
Jurisdiction
Australia
Judgment Date
10 June 1908
Procedural Posture
Contract for Sale of Goods / Application for Special Leave to Appeal From the Supreme Court of Queensland
Outcome
Special leave to appeal refused
Legal Topics
Warranty of Quality, Written Contract, Evidence of Usage of Trade, Special Leave to Appeal
Contract Law Sale of Goods Warranty of Quality Written Contract Evidence of Usage of Trade Special Leave to Appeal

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Parties

Hugall

Appellant; Defendant

Raine

Respondent; Plaintiff

Procedural Posture

Contract for Sale of Goods / Application for Special Leave to Appeal From the Supreme Court of Queensland

Legal Issues

  1. 1 Whether a verbal representation as to quality may add to or vary the terms of a written contract for sale of goods
  2. 2 Whether s. 17 of the Sale of Goods Act 1896 (Qd) affords a defence when the written contract is silent on quality

Ratio Decidendi

There was no general question of law arising as the case turned on the specific documents and facts, and the amount in dispute was below the threshold for special leave; thus, special leave to appeal was refused.

Court Disposition

Special leave to appeal refused

Orders

  • Special leave refused