HATTON v. MILLBURN GARAGE COMPANY AND OTHERS.

[1951] 1 Lloyd's Rep. 379

KING'S BENCH DIVISION.

Before Mr. Justice Cassels.

Contract - Breach - Non-delivery - Failure of consideration - Measure of damages - American landing craft offered for sale - Offer brought to notice of G. (salvage contractor) by L. & Co., who held themselves out as being in a position to dispose of craft - Craft inspected by C. (of B. & C., marine engineers) at suggestion of G. - Opinion expressed by C. that substantial profit could be made from separate sale of diesel engines from craft - Proposition put by C. and G. to plaintiff, who immediately contracted with L. & Co. for purchase of craft and sent them a banker's draft in payment - Dispute as to relationship between plaintiff and B. & C. in transaction - Evidence that L. & Co. were partners with M.G. in this and other transactions, and that M.G. had in fact paid L. & Co. for the craft - Craft not delivered to plaintiff - Claim brought by plaintiff against M. G., L. & Co., and B. & C. (who refused to be joined as plaintiffs) - Settlement of action against M.G. on terms that M.G. should return purchase price (£9500) plus £500 damages, and contribute £3500 towards plaintiff's costs - Judgment entered for plaintiff against L. & Co. for £25,000, less sum recovered from M.G., with costs, and for B. & C. against plaintiff, with costs.