WILLIS v. CLAXTON.

[1951] 1 Lloyd's Rep. 70

KING'S BENCH DIVISION.

Before Mr. Justice Croom-Johnson.

Sale of ship-Breach of warranty and/or condition-Damages-Cost of overhaul -Loss of use-Sale of speedboat by defendant to plaintiff, S. acting as intermediary-Boat advertised for sale by defendant and represented as having been "repainted"; as having a Chrysler Imperial 114 h.p. engine; and as having had a "complete overhaul by authorized Chrysler agents"-Plaintiff informed by S. that motor boat was for sale-S. instructed by plaintiff to negotiate with defendant for sale of boat-S. fully aware at time that there had been no "complete overhaul"- Receipt for purchase money given by defendant in respect of sale of "Chriscraft and Chrysler marine engine (rebored and reconditioned) and gear, also spare engine for same"-Boat alleged to be in unsatisfactory condition on delivery-Claim by plaintiff for damages for breach of warranty and/or condition-Engine not in efficient running order-Dispute as to cause-Evidence of sinking at moorings -Relationship between parties and S. considered.