Routledge v McKay & Ors [1954] EWCA Civ 8 (10 March 1954)

Routledge v McKay & Ors [1954] EWCA Civ 8 (10 March 1954)

There was no evidence of a contractual intention to warrant the year of the motor cycle; the statement was a mere representation, not a warranty, and the written agreement did not support the existence of a collateral contract.

Citation
[1954] EWCA Civ 8
Parties
Fourth Party / Respondent: Mr Philip Ashgrove; Fifth Party / Appellant: Mr John Mawson
Jurisdiction
England and Wales
Judgment Date
10 March 1954
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal allowed
Legal Topics
Warranty, Misrepresentation, Sale of Goods, Collateral Contract
Contract Law Commercial Law Warranty Misrepresentation Sale of Goods Collateral Contract

Case Brief

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Parties

Mr Philip Ashgrove

Fourth Party / Respondent

Mr John Mawson

Fifth Party / Appellant

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether a statement as to the year of a motor cycle in a registration book constituted a warranty or a mere representation
  2. 2 Whether the written agreement excluded any prior warranty
  3. 3 Whether there was evidence of a collateral contract amounting to a warranty

Ratio Decidendi

There was no evidence of a contractual intention to warrant the year of the motor cycle; the statement was a mere representation, not a warranty, and the written agreement did not support the existence of a collateral contract.

Court Disposition

Appeal allowed

Orders

  • Order of Court below varied by ordering that the Fifth Party proceedings be dismissed.
  • Respondent to pay costs of Fifth Party proceedings in County Court on Scale 3.