[1909] 1 KB 357, 78 LJKB 187, 53 Sol Jo 136, 100 LT 118, 25 TLR 120
The owner of a slag heap agreed to sell all the slag to the buyer. After some slag had been removed by the buyer the lessor and licensors of the seller intervened and prevented the further removal of slag by the buyer. The buyer sued for damages for the seller’s default in delivering or giving access to the slag sold.
Held the agreement was not a contract for the sale of goods within section 62 so as to entitle the buyer to recover as damages the difference between the contract and the market price of the slag under s.51 of the Sale of Goods Act 1893. The agreement was a contract to grant an interest in land, and, as the seller’s failure to perform his contract was due solely to a defect in his title, the buyer could not recover any damages for the loss of their bargain.