JEWSON & SONS, LTD. v. ARCOS, LTD.

(1933) 47 Ll.L.Rep. 93

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Mr. Justice Eve.

Sale of goods-Fraudulent misrepresentation -Purchase in June, 1930, of timber by plaintiffs from defendants - Reliance by plaintiffs on promise by defendants that they would not sell and on information that they had not sold to other buyers on more favourable terms than those to be set out in price list to be issued-Plaintiffs bound not to sell under a fixed minimum price until January, 1931-Discovery by plaintiffs after January, 1931, that defendants had previously contracted with H. & Co. to supply them with timber at a lower price than that provided for in plaintiffs' agreement-Caveat emptor - Defendants' duty to disclose - Measure of damages