BOWERS AND ANOTHER v. GROVE.

(1938) 60 Ll.L.Rep. 172

KING'S BENCH DIVISION.

Before Mr. Justice Hilbery.

Sale of ship-Breach of warranty-Innocent misrepresentation-Hire-purchase agreement entered into between plaintiff buyers and defendant seller in respect of defendant's steamship Jubilee-Jubilee intended by plaintiffs for passenger excursions on tidal reaches of River Thames-Defendant informed by plaintiffs that vessel should have certain power and speed and be suitable for use on the tidal reaches of River Thames-Affirmations by defendant and subsequently by defendant's foreman and engineer upon inspection by plaintiffs-Vessel found on delivery to be unsuitable in respect of both power and speed-Misrepresentation of particulars of vessel - No reference to power, speed or suitability in agreement, which was accepted by plaintiffs as incorporating the agreed terms-Whether the affirmations by the defendant and his representatives amounted to a collateral warranty as to vessel's speed, power and suitability -Animus contrahendi.