392. Smeed v Foord (1859) 1 Ellis and Ellis 602

Late delivery of threshing machine – consequential damages awarded. 

The Facts

A farmer ordered a threshing machine for delivery on a specified date. 

The machine was delivered one month late.  The delay caused the farmer to incur the extra expense of stacking his wheat, paying for it to be kiln-dried after it suffered rain damage and loss of profits insofar as the price of wheat had fallen when his crop eventually reached the market.  

Findings

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