Court case[1925] 1 KB 260

Baldry told the defendants, motor dealers, that he wanted a car suitable for touring. They recommended an eight-cylinder Bugatti, and he ordered one. The written contract excluded 'any other guarantee or warranty, statutory or otherwise'. The car proved unsuitable for touring purposes. Baldry rejected it and sued for the price.

The Court of Appeal held for the buyer. The proviso excluding fitness for purpose where a specified article is sold 'under its patent or other trade name' applies only where the buyer, by specifying the trade name, shows that he is not relying on the seller's skill or judgment. Here the dealers themselves recommended the Bugatti for the stated purpose, so the buyer did rely on them and the implied condition arose. That stipulation was a condition, not a warranty, and a clause excluding 'guarantees or warranties' did not exclude it. The buyer could reject the car and recover the price.