Matthew Paul & Co., Ltd v. Corporation of Glasgow [1900] ScotLR 38_115 (22 November 1900)

Matthew Paul & Co., Ltd v. Corporation of Glasgow [1900] ScotLR 38_115 (22 November 1900)

There was no express warranty incorporated into the contract, and under the Sale of Goods Act 1893, section 14(1), there was no implied warranty as to fitness for purpose when a specified article is sold under its patent or trade name. The advertising circular was not part of the contract. The pursuers were entitled to payment for the apparatus supplied.

Citation
[1900] ScotLR 38_115
Parties
Pursuer: Matthew Paul & Company, Limited; Defender: Corporation of Glasgow
Jurisdiction
Scotland
Judgment Date
22 November 1900
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Decree for the pursuers; interlocutor of Lord Ordinary recalled.
Legal Topics
Sale of Goods, Express Warranty, Implied Warranty, Offer and Acceptance, Construction of Contract
Contract Law Commercial Law Sale of Goods Express Warranty Implied Warranty Offer and Acceptance Construction of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Matthew Paul & Company, Limited

Pursuer

Corporation of Glasgow

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether there was an express or implied warranty that the apparatus would absolutely prevent smoke.
  2. 2 Whether statements in a prior advertising circular formed part of the contract and constituted a warranty.
  3. 3 Whether the Sale of Goods Act 1893, section 14(1), excluded implied warranty in this case.

Ratio Decidendi

There was no express warranty incorporated into the contract, and under the Sale of Goods Act 1893, section 14(1), there was no implied warranty as to fitness for purpose when a specified article is sold under its patent or trade name. The advertising circular was not part of the contract. The pursuers were entitled to payment for the apparatus supplied.

Court Disposition

Decree for the pursuers; interlocutor of Lord Ordinary recalled.

Orders

  • Defenders to pay the contract price of £400 to the pursuers.