Francis v Lyon [1907] HCA 12

Francis v Lyon [1907] HCA 12

The plaintiff was entitled to judgment because the refusal to deliver by the defendant was a breach of contract; the plaintiff's provisional rejection did not amount to repudiation. A wrongful rejection of some sheep did not go to the root of the contract, and the correct measure of damages is nominal, as the market value of the sheep did not exceed the contract price at the time and place of delivery.

Parties
Appellant; Plaintiff: Charles Decimus Francis; Respondent; Defendant: John Lyon
Jurisdiction
Australia
Judgment Date
04 May 1907
Procedural Posture
Appeal / On Appeal From the Supreme Court of Queensland
Outcome
appeal allowed; judgment for plaintiff
Legal Topics
Contract of Sale, Sale of Goods, Measure of Damages, Right to Reject Goods, Repudiation of Contract
Contract Law Commercial Law Contract of Sale Sale of Goods Measure of Damages Right to Reject Goods Repudiation of Contract

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Parties

Charles Decimus Francis

Appellant; Plaintiff

John Lyon

Respondent; Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of Queensland

Legal Issues

  1. 1 Whether the purchaser could refuse to accept sheep considered unfit to travel and the effect of provisional or partial refusal on the contract; what was the correct measure of damages for non-delivery under the Sale of Goods Act 1896 (Q.)

Ratio Decidendi

The plaintiff was entitled to judgment because the refusal to deliver by the defendant was a breach of contract; the plaintiff's provisional rejection did not amount to repudiation. A wrongful rejection of some sheep did not go to the root of the contract, and the correct measure of damages is nominal, as the market value of the sheep did not exceed the contract price at the time and place of delivery.

Court Disposition

appeal allowed; judgment for plaintiff

Orders

  • Judgment for plaintiff for £250 1s with costs up to payment into Court, and the costs of the issues as to breach of contract (excluding general costs of the action)
  • Respondent to pay the costs of the motion for judgment after verdict, and costs of the motion to the Full Court