R W Cameron and Company v L Slutzkin Pty Ltd [1923] HCA 20

R W Cameron and Company v L Slutzkin Pty Ltd [1923] HCA 20

Where goods are described in writing by words not having a common trade meaning, and a sample is shown during negotiations as representing those goods, evidence of the sample is admissible to identify the subject matter of the contract. If the goods delivered do not correspond to the sample, the purchaser is entitled to reject them; judgment for the respondent is proper.

Parties
Appellant; Plaintiff: R. W. Cameron and Company; Respondent; Defendant: L. Slutzkin Proprietary Limited
Jurisdiction
Australia
Judgment Date
24 May 1923
Procedural Posture
Appeal From Supreme Court of Victoria (two Actions for Breach of Contract; Claim and Counterclaim) / High Court of Australia Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Sale by Sample, Sale by Description, Misrepresentation, Evidence Admissibility, Mutual Mistake
Contract Sale of Goods Sale by Sample Sale by Description Misrepresentation Evidence Admissibility Mutual Mistake

Case Brief

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Parties

R. W. Cameron and Company

Appellant; Plaintiff

L. Slutzkin Proprietary Limited

Respondent; Defendant

Procedural Posture

Appeal From Supreme Court of Victoria (two Actions for Breach of Contract; Claim and Counterclaim) / High Court of Australia Judgment

Legal Issues

  1. 1 Whether description in contract ('matchless 2475 39/40 white voile') had a common trade meaning
  2. 2 Whether evidence of sample production was admissible to identify subject matter
  3. 3 Whether respondent was bound to accept goods tendered

Ratio Decidendi

Where goods are described in writing by words not having a common trade meaning, and a sample is shown during negotiations as representing those goods, evidence of the sample is admissible to identify the subject matter of the contract. If the goods delivered do not correspond to the sample, the purchaser is entitled to reject them; judgment for the respondent is proper.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment for respondent on the claim for breach of contract
  • Judgment for respondent for £156 19s. 6d. on the counterclaim in first action