MAYBURY v. WIBREW.

(1948) 82 Ll.L.Rep. 481

KING'S BENCH DIVISION.

Before Mr. Justice Hilbery.

Sale of ship-Fraudulent misrepresentation -Breach of warranty - Purchase of sailing barge by plaintiff from defendant - Defendant informed that plaintiff's intention was to convert barge into yacht and (inter alia) to make summer trips to French Channel ports-Serious defects discovered subsequent to purchase-Unsuitability for plaintiff's purpose without extensive repairs-Alleged fraud and/or breach of warranty by defendant in inducing contract - Claim by plaintiff for damages for fraud and/or breach of warranty, or rescission-Onus of proof -Evidence of circumstances leading up to sale-Plaintiff given every opportunity of inspection and survey - Whether defendant warranted that barge was suitable for plaintiff's purpose -Animus contrahendi.