[contract, breach of – sale of goods, sale by sample – damages, expectation]

Harper v. Watkins

Supreme Court of New South Wales

March 1841

Source: Sydney Herald, 13 March 1841

This was an action for breach of contract alleged to have been committed by the defendant not receiving a quantity of rum which he had purchased by sample, before the same arrived per the London; after which it was resold to Mr. Montefiores at auction for 10d. per gallon under the price which the defendant had bargained for; damages were laid at £68 8s. The defendant denied having entered into the contract. Mr. de Metz proved that he made the contract with the defendant for the purchase of thirty or thirty-one hogsheads of rum at 5s. per gallon, 12 per cent over-proof, subject to the approval of the quality on arrival; he also proved the delivery of a copy of the said contract to the defendant, and that after the London arrived he called on the defendant, and informed him of the arrival of the spirits, when the defendant desired him to call a day or two afterwards. When Mr. de Metz again called, the defendant then declined to acknowledge having entered into any contract, although this witness by getting the defendant to examine his (defendant’s) portfolio, showed him the copy of the contract with which he had supplied him. This witness also proved that he had purchased about a dozen of chests of tea from the defendant for another party, and that on this article rising in price between the time of the purchase and of the delivery, the defendant refused to deliver the same on the ground that he would not receive the witness’ bill for the amount. The assessors found a verdict for the plaintiff – damages £68 8s.