HAWKINS V. FLETCHER 1/1925

HAWKINS V. FLETCHER 1/1925

The term 'dry cows' in the contract, as used in the local beef cattle industry and proved circumstances, meant cows not in calf. Parol evidence was admissible to determine this meaning. The interpretation depended on the industry context; thus, the defendant (appellant) breached the contract by delivering cows in calf and is liable for damages.

Parties
Appellant: Hawkins; Respondent: Fletcher
Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Interpretation of Contract Terms, Parol Evidence, Sale of Goods, Warranty, Trade Usage
Contract Law Interpretation of Contract Terms Parol Evidence Sale of Goods Warranty Trade Usage

Case Brief

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Parties

Hawkins

Appellant

Fletcher

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the term 'dry cows' in the contract included cows in calf.
  2. 2 Whether parol evidence was admissible to interpret 'dry cows'.
  3. 3 Whether the damages were properly awarded for breach of contract.

Ratio Decidendi

The term 'dry cows' in the contract, as used in the local beef cattle industry and proved circumstances, meant cows not in calf. Parol evidence was admissible to determine this meaning. The interpretation depended on the industry context; thus, the defendant (appellant) breached the contract by delivering cows in calf and is liable for damages.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed.
  • Appellant to pay respondent's costs.