Power v. Barham
England and Wales High Court of Justice
111 Eng. Rep. 865 (1836)
- Written by Robert Cane, JD
Facts
J. Barham (defendant) sold four pictures to N. Power (plaintiff). The bill of parcels (i.e., description of the goods for sale) indicated that the pictures were by the artist Canaletto (also known as Canaletti). Canaletti died 64 years before the sale. The person employed by Power to purchase the pictures thought that the pictures were genuine, but an expert later opined that the pictures were not by Canaletti. Power brought an action in assumpsit for breach of warranty against Barham. The trial judge instructed the jury that the pictures were not by Canaletti and that the jury was to determine whether the bill of parcels was a warranty or an expression of opinion. The jury determined that the bill of parcels was a warranty. Barham appealed, arguing that the jury should have been instructed that the bill of parcels was not a warranty.
Rule of Law
Issue
Holding and Reasoning (Denman, C.J.)
Concurrence (Williams, J.)
Concurrence (Littledale, J.)
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