[1962]DLHC12166 • May 21, 1962 • High Court
FARAH vs. ROBIN HOOD FLOUR MILLS LTD. AND ANOTHER
The plaintiff, a bakery business operator for fifteen years, purchased 2,000 bags of Robin Hood flour from the first defendant, a manufacturer and exporter based in Halifax, Canada. The flour was shipped c.i.f. Takoradi on the S.S. Kindat. Upon arrival, the plaintiff discovered that approximately 339 bags were caked due to seawater damage and that the flour was heavily infested with weevil, rendering it unfit for human consumption. The plaintiff rejected the flour and had it surveyed and inspected by Lloyd's agents and the Medical Officer of Health, who confirmed the flour's unfitness. The flour was subsequently destroyed by the health authorities. The plaintiff claimed damages for the refund of the purchase price and loss of profits, alleging breach of contract by the defendants.
read moreCHARLES, J. The plaintiff’s claim against the defendants briefly is for £G5,221 5s. 5d. damages being the refund of money paid by him for 2,000 bags of flour which were unfit for human consumption and loss of profits as is more fully set out in the particulars attached to the statement of claim. Alternatively, the plaintiff also claims from the defendant the said sum paid for a consideration that has wholly failed. The defendants in their defence deny liability and contend that the flour supplied was in accordance with the contract and only 339 bags of flour were damaged by sea-water which damage is covered by the certificate of insurance. They also contend that if the flour was found to be infested with weevil on their arrival the defendants were not liable for any damage caused thereby. They further contend that the flour should not have been destroyed because it was infested with weevil. The plaintiff, who has been carrying on a bakery business for the past fifteen years, has b...