Habton Farms (an Unlimited Company) v Nimmo: CA 6 Feb 2003

The first defendant had arranged for the purchase of a racehorse from the claimant, wrongly claiming to be acting as agent for the second defendant. The claimant did not then put forward the horse for sale in subsequent auctions, but then the horse contracted peritonitis and died.
Held: The first defendant was liable for breach of warranty of authority. Since the claimant had decided not to put the horse in the auction because he considered the horse to have been sold already, the damages were not to be reduced by what might have been recovered at auction, because that failure derived from the sale itself.

Judges:

Auld, Clarke, Jonathan Parker, LJJ

Citations:

Times 07-Feb-2003, [2003] EWCA Civ 68, [2003] 3 WLR 633, [2004] QB 1

Links:

Bailii

Jurisdiction:

England and Wales

Animals, Contract, Damages, Agency

Updated: 07 June 2022; Ref: scu.178990