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Howden Brothers Ltd, v Ulster Bank Ltd, and Others

Irish Reports Irish Reports (Digests) Cited authorities 11 Cited in 1 Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date16 June 1924
Docket Number(1924. No. 85.)
Date16 June 1924
CourtChancery Division (Northern Ireland)
Ch. Div., N. I,
Howden Brothers, Ltd.
and
Ulster Bank, Ltd., and Hugh Boyd and the Olderfleet Shipbuilding and Engineering Co., Ltd.

Payment by instalments - "Usual shipbuilding agreement"- Sale of Goods Act, 1893 (56 57 Vict., c. 71), s. 4 (1), ss. 16, 18, r. 5 - Admissibility of parol evidence - Written documents not intended to record all the terms of contract.

The O. S. & E. Company, Ltd., a firm of shipbuilders carrying on business at Larne, County Antrim, agreed to build a dredger hopper barge for the plaintiffs, according to certain terms. On 14th August, 1919, the plaintiffs verbally gave the O. S. & E. Co., Ltd., the order for building the dredger at a price of £11,000; a rough specification was produced, and it was arranged that a full specification should afterwards be made, and that the dredger was to be built according to the terms of "the usual shipbuilding agreement." On the same day a letter was subsequently written to the O. S. & E. Co., in which the plaintiffs stated: "We confirm order given you to-day to build a dredger hopper barge," &c. Instalments of the price were paid by the plaintiffs at various stages of construction, but...

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