CLEMENTS v. BAWNS SHIPPING COMPANY.

(1947) 81 Ll.L.Rep. 232

KING'S BENCH DIVISION.

Before Mr. Justice Denning.

Sale of ship-Fraudulent misrepresentation- Breach of warranty - Purchase of trawler by plaintiff from defendants-Representation by defendants that ship was "at present fishing. Full fishing gear. Engine just overhauled and in good order" - "Price £290" - Journey by plaintiff from Holyhead to Bristol to view ship - Plaintiff there informed that ship was out fishing in Swansea Bay-Other representations reaffirmed by defendants - £240 paid on account by plaintiff-Delivery promised at Holyhead-Ship subsequently picked up by plaintiff at Aberystwyth, where it was found to be high and dry on the beach- Evidence that it had not been out fishing, that it was in a leaky condition; and that the engine was in a very poor condition and required overhauling-Offer of repayment by defendants - Ship retained by plaintiff, remedy being sought in damages for fraud and for breach of warranty- Measure of damages-Sale of Goods Act, 1893, Sect. 53 (2).