Frederick Longmeid and Eliza his Wife v Holliday
| Jurisdiction | England & Wales |
| Judgment Date | 10 June 1851 |
| Date | 10 June 1851 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 752
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 20 L J Ex 430 Distinguished George v Skrongton, 1869, L R 5 Ex 4 Not applied, Lawrence v Jenkins, 1873, L R 8 Q B 278 Discussed, Heaven v Pender, 1883, 11 Q B D 514 Referred to, Francis v Cockrell, 1870, L R 5 Q B 194 Affirmed, ibid 501, Cavalier v Pope, [1905] 2 K B 767 affirmed, [1906] A C 428 Approved, Eail v Lubbock, [1905] 1 K B 257, Bates v Batey, [1913] 3 K B 354
frederick loncjmeid and eliza hia Wife v holliday June 10, 1851 -A 33 I K B 474 tradesman, who contracts with an individual for the sale to him of an aiticlo to i32 Q. C friZf be used for a particular purpose by a third person, is not, in the absence of fiaud, liable foi injury caused to such person by some defect in the construction of the article-A declaiation by husband and wife stated, that the defendant was the maker and seller of cettain lamps, called "The ffolhday Lamp," and theieupon the husband bought of him one of those lamps, to be used by his wife and himself in his shop, and that the defendant then fraudulently wan an ted that the lamp was reasonably fit and propel for that purpose, whereas the lamp was dangerous and unsafe, by reason whereof, when the wife attempted to use the lamp, it exploded and injured her At the trial, it appeared that the accident arose from the defective construction of the lamp, but there was no proof that the defendant knew of the defect, and the jury found that he was not guilty of any fraudulent or deceitful repiesentatioii -Held, that the action could riot be maintained by the wife, there being no misfeasance towards her independently of the contract, which was with the husband alone [8 0 20 L J Ex 430 Distinguished, (fem/je. v Skutmt/lon, 1869, L R ') kk 4 Not applied, Laiuience \ JenLtiib, 187.J, L R 8 J B 278 Discussed, Heaven, v Peiuier, 1883, 11 Q B D 514 Refenecl to, Fnuiatv CoiLtdl, 1870, L R 5 Q B 194 affirmed, ibid 501, Vavahe, v Pope, [1905] 2 K B767 affirmed, [1906] A C 428 Approved, Eail v LubboLk, [1905J IK B 257, Boies v Hatey, [1913] 3 K B 354 ] i Case The declaration stated, that the defendant, before and at the trme of the coinmitting of the grievances, &c , was the maker and seller of ceitain lamps, called EX 762 LONOMELD f. HOLLLUAY 753 "The Holliday Lamp," to be used ioi the purpose of buttling in ind giving light to houses, shops, and tooras, and theteupon heretofoie, to wit, on &e , the plamtitt Frederick Longmeid, at the request of the defendant, batgained with him to buy of him one of the said " Holbday Lamps," to be burnt and used by the plaintiff Fiedetick Longmeid and his wife, in the shop and rooms of the plaintitt Frederick Longmeid, at and for a ceitain puce, to wit, 10s , and the defendant then, during such bargain, falsely, fiaudulently, and deceitfully wauantecl to the plaintiff Fiedeiick Longmerd, that the said lamp then was reasonably fit arid piopet to be used foi the purpose last aforesaid , and the defendant theteby induced the plaintitt Frederick Longtneid to buy the said lamp, and accordingly, by the means aforesaid, then sold the [762] same to the pUmtitt Fiedenck Longmeid for the said sum of money, which the plaintitt Ftedeiiak Longmeid then paid to the defendant Whereas in fact the said lamp was not, at the time of the sale and wattanty...
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