INSTONE LINES, LTD. v. BRITISH MEXICAN PETROLEUM CO., LTD.

[1951] 1 Lloyd's Rep. 167

KING'S BENCH DIVISION.

Before Mr. Justice Croom-Johnson.

Sale of goods-Fitness for purpose- Bunker fuel oil-Contamination with water-Damage to engines-Repairs- Detention - Plaintiffs' ship bunkered with fuel oil supplied from defendants' shore tanks - Allegation that oil was not of merchantable quality in that it contained an excessive quantity of water, resulting in damage to the engines and in detention for repairs- Claim for damages for breach of implied warranty and/or condition- Onus of proof-Evidence as to method of bunkering; as to sampling; as to presence of water in fuel oil; as to the draining off of a large quantity of water from the ship's bunkers; and as to damage to engines necessitating repair.