Mash & Murrell Ltd v Joseph I. Emanuel Ltd (Ionian.)

JurisdictionEngland & Wales
CourtQueen's Bench Division (Commercial Court)
Year1961
Date1961

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21 cases
  • Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
    • United Kingdom
    • House of Lords
    • 8 May 1968
    ...Liners Ltd. v. Rea Ltd. [1922] 2 A.C. 74 at 92; Cammell Laird & Co. v. Manganese Bronze & Brass Co. [1934] A.C. 402; Mash and Murrell v. Joseph Emanuel Ltd. [1961] 1 W.L.R. at 867 (a sale from one merchant to another). The reliance need not be exclusive. Partial reliance will suffice. The j......
  • Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association
    • United Kingdom
    • Court of Appeal
    • 20 December 1965
    ...that he relies on the skill and judgment of the seller". 131 Then, after a reference to Mash and Murrell v. Joseph Manuel, (1961) 1 W. L. R. 862, he said: "It seems to me, however, that there are facts in this case which do rebut the presumption. Lillico, Grimsdales, Kendall and Holland Col......
  • Hill (Christopher) Ltd v Ashington Piggeries Ltd (Description)
    • United Kingdom
    • House of Lords
    • 24 February 1971
    ... ... It will be implied, (see Mash & Murrell Ltd. v. Joseph I Emanual Ltd. [1961] 1 ... ...
  • Teheran-Europe Company Ltd v S T Belton (Tractors) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 15 May 1968
    ... ... upon some observations of my own in the case of Mash & Austin v. Emmanuel , reported in 1961 All England ... ...
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9 books & journal articles
  • Chapter 8: Implied Terms as to Quality and Sample
    • United Kingdom
    • Taylor and Francis Sale of Goods
    • Invalid date
    ...Furthermore, the purpose made known to the buyer may make clear what degree of durability is called for. For instance, in Mash & Murrell Ltd v. Joseph I Emanuel Ltd 139 the purpose of the buyer in purchasing a quantity of potatoes then in Cyprus was for them to be “carried by the Ionian on ......
  • Chapter 13: C.I.F. Contracts
    • United Kingdom
    • Taylor and Francis Sale of Goods
    • Invalid date
    ...by the case of Mash & Murrell v. Emmanuel [1962] 1 W.L.R. 16 where the Court of Appeal reversed the first instance judgment of Diplock J. ([1961] 1 W.L.R. 862) on this very 208 The only caveat may be in relation to the situation where the goods are shipped, a contract is made for the sale o......
  • Chapter 6: Delivery, Acceptance and Payment
    • United Kingdom
    • Taylor and Francis Sale of Goods
    • Invalid date
    ...See further 8–063—8–070. 120 Sale of Goods Act 1979, s. 33. 121 Bull v. Robison (1854) 10 Exch. 342, 346. See also Mash & Murrell Ltd v. Emanuel Ltd [1961] 1 W.L.R. 862. See ss. 11(4), 18 (r. 4), 27, 30(1), 30(2), 30(3), 31(1), 35(1), 35(2), 35(4), 35(6), 35(7), 35A, 36 and 50. 123 For exam......
  • CONTRACT DAMAGES AND THE PROMISEE'S ROLE IN ITS OWN LOSS.
    • Australia
    • Melbourne University Law Review Vol. 42 No. 2, January 2019
    • 1 January 2019
    ...Ibid 276 (Lord Diplock) (House of Lords). Lord Diplock had expressed a similar view in Mash & Murrell Ltd v Joseph I Emanuel Ltd [1961] 1 WLR 862, 866-7 (Diplock J) (goods under a CIF or C & F contract must remain merchantable for a reasonable time, up to arrival) (later reversed on......
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