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Decisions of the Superior Courts of New South Wales, 1788-1899

Lyons and another v. Bryant and another [1837] NSWSupC 62

contract, breach of - damages, expectation - damages, mitigation - sale of goods, merchantable quality

Supreme Court of New South Wales

Dowling A.C.J., 26 September 1837

Source: Sydney Herald, 28 September 1837[ 1]

Lyons and another v. Bryant and another. - This was an action brought to recover damages for a breach of contract.  The defendants in the month of May last, entered into an agreement to supply the plaintiffs with fifty barrels of Elliott's able, at £28 per tun [sic] of six barrels, and twenty hogsheads of brandy, at five shillings per gallon, to arrive by the Giraffe, and to be good merchantable articles.  From circumstances over which the defendants had no control, the ale and brandy were consigned by the shippers to Messrs. Gore and Co.  When Mr. Lyons demanded the ale, Mr. Bryant told him that if he purchased the ale from Mr. Gore, he (Mr. B.) would pay him the difference; Mr. L. did so, and had to pay £46 more than he would have had to have paid under the contract; Mr. Gore had no objection to let Mr. Lyons have the brandy at the price Mr. Bryant had sold it at, and sent the certificates to Mr. Lyons by one of his clerks, who offered them to Mr. Lyons, and Mr. Bryant offered to pay him the £46 if he would take the brandy, but Mr. Lyons refused to take the brandy as he did not consider it was according to the contract.  Several witnesses were called as to the quality of the brandy, all of them spoke of it as being an inferior article, but only one decidedly said it was not merchantable. - Verdict for the plaintiff, damages one shillings.

Counsel for the plaintiff, Messrs. Therry and a'Beckett; for the defendant, Mr. Foster.

Notes

[1 ] See also Sydney Gazette, 28 September 1837.  For another expectation damages case, concerning non-acceptance of property on a falling market, see McLaughlin v. Rochford, Sydney Gazette, 9 March 1837; Australian, 10 March 183

Published by the Division of Law, Macquarie University