D. Y. Stewart & Co. v. Croom & Arthur [1905] ScotLR 42_437 (15 March 1905)

D. Y. Stewart & Co. v. Croom & Arthur [1905] ScotLR 42_437 (15 March 1905)

Defenders, having continued to use the stokers for three months after intimating rejection, are not entitled to rely on rejection nor claim damages; their legal position is altered by continued use, barring the alternative remedy under the Sale of Goods Act.

Citation
[1905] ScotLR 42_437
Parties
Defender: D. Y. Stewart & Company; Pursuer: Croom & Arthur
Jurisdiction
Scotland
Judgment Date
15 March 1905
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed; interlocutor affirmed
Legal Topics
Sale of Goods, Rejection of Goods, Damages, Warranty, Disconformity to Contract
Commercial Law Contract Law Sale of Goods Rejection of Goods Damages Warranty Disconformity to Contract

Case Brief

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Parties

D. Y. Stewart & Company

Defender

Croom & Arthur

Pursuer

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether continued use of rejected goods bars claim for damages under Sale of Goods Act 1893
  2. 2 Whether improper use by defenders caused failure to meet contract warranty

Ratio Decidendi

Defenders, having continued to use the stokers for three months after intimating rejection, are not entitled to rely on rejection nor claim damages; their legal position is altered by continued use, barring the alternative remedy under the Sale of Goods Act.

Court Disposition

appeal dismissed; interlocutor affirmed

Orders

  • Defenders are bound to pay for the mechanical stokers supplied.
  • Defenders are barred from claiming damages for disconformity to contract due to continued use after rejection.