Williamson v. Alexander Macpherson & Co. [1904] ScotLR 41_670 (28 June 1904)

Williamson v. Alexander Macpherson & Co. [1904] ScotLR 41_670 (28 June 1904)

The contract for condenser tubes was for a particular purpose known to the seller, and the buyer relied on the seller's skill and judgment. The tubes supplied were not reasonably fit for use in a Clyde steamer and were not of merchantable quality, as they failed within months due to corrosion. The seller is liable for breach of contract under section 14 of the Sale of Goods Act 1893 and at common law.

Citation
[1904] ScotLR 41_670
Parties
Pursuer: John Williamson; Defender: Alexander Macpherson & Company
Jurisdiction
Scotland
Judgment Date
28 June 1904
Procedural Posture
Civil / Appeal
Outcome
judgment for pursuer
Legal Topics
Sale of Goods, Implied Warranty, Merchantable Quality, Fitness for Particular Purpose
Commercial Law Contract Law Sale of Goods Implied Warranty Merchantable Quality Fitness for Particular Purpose

Case Brief

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Parties

John Williamson

Pursuer

Alexander Macpherson & Company

Defender

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether there was an implied condition that condenser tubes supplied were reasonably fit for use in a Clyde steamer
  2. 2 Whether the tubes were of merchantable quality under the Sale of Goods Act 1893
  3. 3 Whether the buyer relied on the seller's skill or judgment for a particular purpose

Ratio Decidendi

The contract for condenser tubes was for a particular purpose known to the seller, and the buyer relied on the seller's skill and judgment. The tubes supplied were not reasonably fit for use in a Clyde steamer and were not of merchantable quality, as they failed within months due to corrosion. The seller is liable for breach of contract under section 14 of the Sale of Goods Act 1893 and at common law.

Court Disposition

judgment for pursuer

Orders

  • Defenders liable in damages for breach of contract
  • Damages assessed at £243, 9s. 9d.