CANNON v. MILES (trading as PHOENIX MOTORS)

[1974] 2 Lloyd's Rep. 129

COURT OF APPEAL

Before Lord Justice Megaw, Lord Justice Cairns and Lord Justice Orr

Contract - Order for new Morgan car placed by plaintiff with defendant - Defendant to inform plaintiff if manufacturer's price was increased - Plaintiff's right to cancel order within 7 days if price was increased - Defendant's right to cancel if election not made within 7 days - Price increased by £180 - Plaintiff informing defendant that he would continue with order if defendant paid him compensation for failing to repair plaintiff's car already left for repair - Cancellation of contract by defendant - Whether cancellation justified. Contract - Repairs to be effected to M.G.A. car - Implied term that repairs to be effected only if car could be sold for more than cost of repairs - No repairs undertaken by repairer - Whether repairer in breach of contract.