Beer v Walker (1877)

 

If there is to be a transit before use the goods must generally remain merchantable throughout a normal journey and for a reasonable time thereafter.

 

Sellers of rabbits sent them by train from London to Brighton. When they were put onto the train at London they were merchantable, but on arrival at Brighton they were putrid and useless. The journey was a perfectly normal one.

 

Held The goods were not merchantable and the sellers were therefore liable.