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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Dick Bentley Productions Ltd & Anor v Harold Smith (Motors) Ltd [1965] EWCA Civ 2 (03 March 1965) URL: https://www.bailii.org/ew/cases/EWCA/Civ/1965/2.html Cite as: [1965] WLR 623, [1965] 2 All ER 65, [1965] 1 WLR 623, [1965] EWCA Civ 2 |
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COURT Off APPEAL
B e f o r e :
(Lord Denning)
LORD JUSTICE DANCKWERTS
and
LORD JUSTICE SALMON
____________________
| DICK BENTLEY PRODUCTIONS LIMITED and CHARLES WALTER BENTLEY |
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| -v- |
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| HAROLD SMITH (MOTORS) LIMITED |
____________________
appeared as Counsel for the Appellants.
MR. GRAHAM EYRE (instructed by Messrs. Harris, Chetham & Co.)
appeared as Counsel for the Respondents.
____________________
Crown Copyright ©
"An affirmation at the time of the sale is a warranty, provided it appear on evidence to be so intended".
"From various sources it appears that the car had a considerable amount of storage whilst abroad and very little use to the extent that, when the car was returned in '58 to this country, either at the end of '58 or early '59, the speedometer reading was then only 90,000 odd kilometres. A standard m.p.h. speedometer was fitted and, when Mr. Bentley bought the car from my company, the speedometer reading was then 20,000 miles".
"I have no hesitation that as a matter of law the statement was a warranty. Mr. Smith stated a fact that should be within his own knowledge. He had jumped to a conclusion and stated it as a fact. A fact that a buyer would act on".
That is ample foundation for the inference of a warranty. So much for the first point.
LORD JUSTICE DANCKWERTS: I agree with the judgment of the Master of the Rolls.
"If you will enter into a contract to buy this motor car from me for £1,850, I undertake that you will be getting a motor car which has done no more than 20,000 miles since it was fitted with a new engine and a new gearbox."
(Appeal dismissed with costs)