SHANKLIN PIER, LTD. v. DETEL PRODUCTS, LTD.

[1951] 2 Lloyd's Rep. 187

KING'S BENCH DIVISION.

Before Mr. Justice McNair.

Sale of goods-Breach of warranty- Consideration for warranty - Third party caused to enter into contract with warrantor-Cause of action-Consideration - Contract entered into between plaintiffs and C. Ltd. by which C. Ltd. undertook to repair and paint with bituminous paint plaintiffs' seaside pier - Representations made by defendants to plaintiffs that defendants' D.M.U. paint was more suitable for purpose - Instructions accordingly given by plaintiffs to contractors that D.M.U. paint should be used-D.M.U. paint purchased by C. Ltd.-D.M.U. paint in fact unsuitable -Pier subsequently painted by C. Ltd. with bituminous paint at further cost to plaintiffs - Claim by plaintiffs against defendants for damages for breach of warranty that paint supplied to C. Ltd. was suitable for purpose- Denial by defendants that any such warranty was given - Further contention that no cause of action lay against defendants as they were not parties to contract between plaintiffs and C. Ltd.