Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

B. SUNLEY & CO., LTD. v. CUNARD WHITE STAR, LTD.

(1940) 66 Ll.L.Rep. 134

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice Clauson.

Contract-Breach-Loss of use of tractor and excavator-Measure of damages- Contract by defendant shipping company to transport plaintiffs' tractor and excavator from Doncaster to Guernsey by defendants' steamship S-Plaintiffs' equipment to be used under contract in Guernsey-Failure of defendants to provide proper land transport-Shipment in defendants' steamship B one week later, Guernsey contract thereby being delayed one week-No evidence of specific pecuniary loss-Assessment of damages for loss of use-Cost of equipment: £4500- Estimated life: 3 years - Plaintiffs awarded £250-Appeal by defendants.

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