Stock v Urey

JurisdictionNorthern Ireland
Judgment Date01 January 1955
Date01 January 1955
CourtAssizes (Northern Ireland)
Stock
and
Urey

Sum claimed in excess of purchase price - Measure of damages -Sale of Goods Act, 1893 (56 57 Vict., c. 71), ss. 12 (1), (2), 53 (2).

The purchaser of a motor car which was later seized by the Customs authorities as having been illegally imported into Northern Ireland paid the tax and duty which were due in order to regain possession. The sum so paid by the purchaser exceeded the price which he had paid for the car. Held, that the sum paid to the Customs authorities was the proper measure of the "loss directly and naturally resulting" from the breach of the implied warranty for quiet possession and of the implied condition, treated as a warranty, that the seller had the right to sell the car, and that accordingly the whole of such sum was...

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