CURRY & ANOR. V. O'BRIEN 6/1956

° or Nes IN THE HIGH COURT OF AUSTRALIA yt Pe

O'BRIEN

"_ ORIGINAL

REASONS FOR JUDGMENT

Judgment delivered at....... SY AR@Y eee on...Tuesday, 2nd July 1957.

W. M. Houstox, Govt. Print., Metb. ©.1998/55

CURRY

Ve

O'BRIEN

ORDER

Appeal allowed. Judgment of the Supreme Court of South Australia set aside and in lieu thereof order that judgment be entered for the defendant (appellant). Respondent to pay the appellant's costs of the trial and of this appeal.

JUDGMENT

CURRY Ve

O'BRIEN.

DIXON C.J. WEBB J.

TAYLOR J.

'ad CURRY

Ve

O'BRIEN

This is an appeal from a judgment for the sum of £2,800 entered by the Supreme Court of South Australia (Ligertwood J.) in favour of the respondent who was the plaintiff in an action brought in that court to recover damages from the appellant for breaches of contract. As appears from the reasons of the learned trial judge it was alleged by the respondent that he and the appellant had entered into three separate contracts and that substantial breaches of each contract occurred. In the result the respondent failed in respect of two of the causes of action sued upon but succeeded

the in recovering damages row breach of a contract relating to the sale and supply of a quantity of 6" fibrolite pipes known as "Italit" piping. The three contracts alleged were as follows:- "(4) a contract for the sale to the respondent

of approximately 1750 feet of 6" oo foot

head "Italit" piping:

(44) a contract made contemporaneously with the first contract pursuant to which the

appellant uridertook to provide the respondent

with such plans and such advice as would enable

him to instal and operate satisfactorily a

system of spray irrigation suitable for use on his property;" and

"(4440 a contract for the sale by the appellant to the respondent of a quantity of irrigation spray equipment for a total sum of £1,050. In the main this equipment consisted of portable and fixed sprays known respectively as 'Rainbow' and 'Newton' sprays and the breach alleged was of a condition that the subject goods should be suitable for use on the respondent's property for"specified purposes."