MEDD v. COX.

(1940) 67 Ll.L.Rep. 5

COURT OF APPEAL.

Before Sir Wilfrid Greene (Master of the Rolls), Lord Justice MacKinnon and Lord Justice Clauson.

Sale of ship-Misrepresentation-Description -Sale of motor launch by defendant (on behalf of W.) to plaintiff-Launch described as having "new Morris Navigator engine," as being in "exceptional condition," and as having "originally cost over £1000"-Vessel found upon inspection to be in very bad condition - Claim by plaintiff for damages for fraud-Decision of Greaves-Lord, J., that the vessel had been sold under a fraudulent misrepresentation of fact and that the plaintiff was entitled as damages to the price paid (£132)-Appeal by defendant- Proof necessary to sustain allegation of fraud-Proper course for Court of Appeal to pursue where learned Judge has misdirected himself on question of law-Measure of damage.