Wakilii

Singh and Son v Uganda Foundry and Machinery works (Civil Appeal No. 10 of 1944)

East African Court of Appeal · [1945] EACA 5 · 1945 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from High Court of Uganda judgment dismissing claim for breach of contract
Decision
High Court decree set aside; appellants entitled to damages for breach of contract.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that where a seller in the business of supplying saw-benches agreed to manufacture and deliver all parts necessary for a complete saw-bench, there was an implied warranty that the parts would be reasonably fit to constitute a functioning machine. The contract was not severable, and the seller could not claim quantum meruit for serviceable parts where some parts were unserviceable, rendering the entire machine useless. Appeal allowed.

Outcome

High Court decree set aside; appellants entitled to damages for breach of contract.

Facts

The appellants and respondents entered into a written contract on 9 April 1943 for the supply of a complete saw-bench for Sh. 6,500. The respondents were to manufacture and deliver specified parts; the appellants would construct the wooden frame and foundation. After delivery and assembly, the saw-bench failed to function within five minutes due to essential parts not fitting together and being of inferior workmanship or metal. The respondents were in the business of supplying saw-benches and had successfully supplied others. The appellants sued for breach of contract. The trial judge found some parts unserviceable but held the contract was for parts only, not a complete machine, and awarded quantum meruit for serviceable parts.

Issues

  1. Whether there was an implied warranty that parts supplied would be reasonably fit to constitute a functioning saw-bench.
  2. Whether the contract was severable so as to permit a quantum meruit award for serviceable parts.

Orders

  • Appeal allowed.
  • Decree of the High Court set aside.
  • Costs awarded to the appellants in the Court of Appeal and the court below.

Rules and key headnotes

Sale of Goods — Implied Warranty — Fitness for Purpose
Where a seller in the business of supplying saw-benches agrees to manufacture and deliver all parts necessary for a complete saw-bench, there is an implied warranty that the parts will be reasonably fit to constitute a machine capable of doing the work usually done by a saw-bench.
Sale of Goods — Merchantable Quality — Implied Condition
Under section 16(2) of the Sale of Goods Ordinance, where a seller deals in goods of a particular description, there is an implied condition that the goods supplied shall be of merchantable quality, meaning of such quality and condition that a reasonable person acting reasonably would accept them in performance of the contract.
Entire Contracts — Severability — Quantum Meruit
Where a contract is entire and indivisible for the manufacture and delivery of all parts necessary for a functioning machine, and some parts are unserviceable rendering the machine useless, the contract is not severable and the seller cannot claim quantum meruit for serviceable parts.
Sale of Goods — Reliance on Seller's Skill and Judgment
A buyer relies on a seller's skill and judgment where the buyer asks the seller to manufacture parts necessary to set up a complete machine and the seller holds himself out as competent to make those parts as part of his usual business, regardless of the buyer's own skill or knowledge.

Legislation cited (2)

  • Uganda Sale of Goods Ordinance s.16(2)
  • Uganda Sale of Goods Ordinance s.13(1)(c)

Cases cited (1)

  • Bristol Tramways and Carriage Co. v Fiat Motors Ltd (1910) 103 LJ 413

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Singh and Son v Uganda Foundry and Machinery works (Civil Appeal No. 10 of 1944) [1945] EACA 5 (1 January 1945)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.