Aitken, Campbell, and Co. Ltd v. Boullen & Gatenby [1908] ScotLR 354 (24 January 1908)

Aitken, Campbell, and Co. Ltd v. Boullen & Gatenby [1908] ScotLR 354 (24 January 1908)

Section 30(3) of the Sale of Goods Act 1893 does not apply where all goods delivered are of the same kind but differ in quality; partial rejection is not permitted in such cases. However, an invalid attempt at partial rejection does not bar the buyer from retaining all goods and claiming damages for breach of contract, provided the seller has not been prejudiced.

Citation
[1908] ScotLR 354
Parties
Pursuer: Aitken, Campbell, and Company Limited; Defender: Boullen & Gatenby
Jurisdiction
Scotland
Judgment Date
24 January 1908
Procedural Posture
Civil Appeal / Inner House, Second Division, Court of Session (appeal From Sheriff Court at Glasgow)
Outcome
Appeal allowed in part; interlocutors of Sheriff-Substitute and Sheriff recalled; decree for pursuers for damages.
Legal Topics
Sale of Goods, Partial Rejection, Breach of Contract, Remedies for Non Conforming Goods
Commercial Law Sale of Goods Partial Rejection Breach of Contract Remedies for Non Conforming Goods

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Parties

Aitken, Campbell, and Company Limited

Pursuer

Boullen & Gatenby

Defender

Procedural Posture

Civil Appeal / Inner House, Second Division, Court of Session (appeal From Sheriff Court at Glasgow)

Legal Issues

  1. 1 Does section 30(3) of the Sale of Goods Act 1893 permit partial rejection where the non-conformity is in quality, not kind?
  2. 2 Is a buyer barred from claiming damages for breach of contract after an invalid attempt at partial rejection?

Ratio Decidendi

Section 30(3) of the Sale of Goods Act 1893 does not apply where all goods delivered are of the same kind but differ in quality; partial rejection is not permitted in such cases. However, an invalid attempt at partial rejection does not bar the buyer from retaining all goods and claiming damages for breach of contract, provided the seller has not been prejudiced.

Court Disposition

Appeal allowed in part; interlocutors of Sheriff-Substitute and Sheriff recalled; decree for pursuers for damages.

Orders

  • Defenders to pay pursuers £26, 18s. 3d. with interest at 5% per annum from date of citation until payment.