C. E. B. DRAPER & SON, LTD. v. EDWARD TURNER & SON, LTD.; H. G. GAMWELL, JNR., LTD. (THIRD PARTY); G. C. DOBELL & CO., LTD. (FOURTH PARTY); STEEL BROTHERS & CO., LTD. (FIFTH PARTY); Y. A. GANNY & SONS (SIXTH PARTY)

[1964] 1 Lloyd's Rep. 165

QUEEN'S BENCH DIVISION

Before Mr. Justice Lyell

Fertilisers and Feeding Stuffs Act, 1926 - Statutory warranty as to fitness for purpose-Whether contractual standard of proof limited warranty contrary to statute - Whether Act only applicable to "domestic" contracts - L.C.F.T.A. Form No. 6-Castor Seed Clause-Sect. 2 (2) of 1926 Act. London Cattle Food Trade Association Contract Form No. 6 - Castor Seed Clause - Whether analysis under Castor Seed Clause sufficient proof that warranty under Fertilisers and Feeding Stuffs Act, 1926, Sect. 2 (2) had not been breached. Sale of goods-Quality-Fitness for purpose- Cattle food containing toxic matter in breach of warranty under Fertilisers and Feeding Stuffs Act, 1926, Sect. 2 (2) - Allegation that analysis under L.C.F.T.A. Castor Seed Clause was sufficient to prove that warranty had not been breached - Whether Castor Seed Clause limited or varied statutory warranty.