George Wills & Co Ltd v Davids Pty Ltd [1957] HCA 6

George Wills & Co Ltd v Davids Pty Ltd [1957] HCA 6

The contract was properly treated as one for beetroot canned in vinegar. On the finding that the fair or normal life of that product was about twelve months, deterioration found in November 1952 after purchases made between late June and early September 1951 did not establish that the goods were defective when delivered or that they were not of merchantable quality as goods of that description. The District Court and Full Court applied an erroneous test by comparing the goods with other canned foodstuffs and by assimilating merchantable quality to fitness for a particular purpose. The Full Court appeal was not incompetent because the material legal questions were sufficiently raised and...

Jurisdiction
Australia
Procedural Posture
Appeal by Special Leave in an Action for Damages for Breach of an Implied Condition of Merchantable Quality / High Court Appeal From Dismissal by the Supreme Court of New South Wales of an Appeal From the Metropolitan District Court
Outcome
Appeal allowed with costs.
Legal Topics
['merchantable Quality' 'implied Condition' 'fitness for Purpose' 'canned Food Deterioration' 'district Court Appeal Competence']
['contract Law' 'sale of Goods' 'appellate Procedure'] ['merchantable Quality' 'implied Condition' 'fitness for Purpose' 'canned Food Deterioration' 'district Court Appeal Competence']

Case Brief

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Procedural Posture

Appeal by Special Leave in an Action for Damages for Breach of an Implied Condition of Merchantable Quality / High Court Appeal From Dismissal by the Supreme Court of New South Wales of an Appeal From the Metropolitan District Court

Legal Issues

  1. 1 ['Whether beetroot canned in vinegar supplied to the respondent was of merchantable quality when delivered.' 'Whether merchantable quality should be determined by comparison with the keeping qualities of other canned goods or by reference to goods of the contractual description.' 'Whether the appeal to the Full Court was incompetent because points of law were not specifically raised in the District Court.']

Ratio Decidendi

The contract was properly treated as one for beetroot canned in vinegar. On the finding that the fair or normal life of that product was about twelve months, deterioration found in November 1952 after purchases made between late June and early September 1951 did not establish that the goods were defective when delivered or that they were not of merchantable quality as goods of that description. The District Court and Full Court applied an erroneous test by comparing the goods with other canned foodstuffs and by assimilating merchantable quality to fitness for a particular purpose. The Full Court appeal was not incompetent because the material legal questions were sufficiently raised and...

Court Disposition

Appeal allowed with costs.

Orders

  • ['Order of the Supreme Court discharged.' 'In lieu thereof order that the appeal to the Supreme Court from the District Court be allowed with costs.' 'Judgment of the District Court set aside.' 'Judgment in the action in the District Court entered for the defendant with costs.']