Bowden Brothers and Company Limited v Little [1907] HCA 14

1364 HIGH COURT

H.C.or A. Solicitors, for appellants, Connelly «& Crocker, Mell ale Solicitors, for respondent, Lamrock, Brown & Hall, Me

Cunistur v. Ronxsow. '

{HIGH COURT OF AUSTRALIA.]}

BOWDEN BROTHERS AND COMPANY LIMITED . 'i é ree ge }

PLAINTIFFS, AND

ROBERT LITTLE, Trapina as Roperr Lirrte ann Company DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or a, Vendor and Purchaser—Sale of gootls to be shipped abroad—Co

1907. contract—Obligations of vendor as to quality and condition of good ee warranty.

7 nha A firm of merchants carrying on business in Japan agreed to rt 48:% chaser in Sydney "450 tons of Japan onions" at certain prio ey 16. Sydney," the goods to be shipped by the vendors from Japan

ships on approximately specified dates. 'The vendors shipped fron Grifith C4, Japan, to Sydney, a quantity of onions which, so far as condition Teanes 39. were concerned, were merchantable at the port of shipment, but

at the port of destination were found to have become during the and unfit for sale. The purchaser rejected the goods and refused t price. 4

In an action by the vendors to recover the price, and a cro purchaser for damages for non-delivery of onions in contrac

1907. — he purchaser the bill of lading, policy of insurance, and all necessary bo ng documents to entitle the purchaser to obtain delivery of the goods, and Tap thereafter the risk in the goods was wholly upon the purchaser. Le ITTLE.

feld, also, that it was a question of fact depending upon all the sumetances whether, and to what extent, the purchaser relied upon the Il or judgment of the vendors to supply goods fit for the purpose of ship- nent to Sydney ; that it could not be implied, from the mere fact that the goods were, to the knowledge of the vendors, bought to be shipped abroad,

"should be implied depended upon the extent to which the purchaser did in "fact rely upon the skill or judgment of the vendors.