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The Claimant (George Mitchell) and the Defendant (Finney Lock Seeds Ltd) entered into an agreement where the Defendant would supply the Claimant with 30lb of Dutch winter cabbage seed.
Citations: [1983] 2 AC 803; [1983] 3 WLR 163; [1983] 2 All ER 737; [1983] 2 Lloyd’s Rep 272; [1983] Com LR 209; [1983] CLY 3314. Facts. The claimant orally ordered 301bs of Finney’s Late Dutch Special cabbage seed from the defendants, who were seed merchants.
George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd is a case concerning the sale of goods and exclusion clauses. [clarification needed] It was decided under the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979. Facts.
George Mitchell v Finney Lock Seeds [1983] QB 284 Court of Appeal. The Claimant farmer George Mitchell purchased 30lb of Cabbage seed from the defendants for £192. The claimant planted the seed over 63 Acres and spent many hours of labour on the crops.
Damages claimed were £61,513, whereas the price of the seeds was only £201.60. In the High Court and the Court of Appeal, it was held that clause 1 did not apply as the autumn cabbage seeds were not “seeds agreed to be sold”.
CaseIQ. (AI Recommendations) George Mitchell (Chesterhall) Ltd. v Finney Lock Seeds Ltd. Smart Summary (Beta) Facts. The case involves a dispute between seed merchants and buyers over a limitation clause in the contract. The clause limits the liability of the seed merchants to a refund of the price paid or replacement of the seeds.
George Mitchell planted 63 acres with the seeds. The crop was useless and had to be ploughed in. George Mitchell brought an action against Finney Lock claiming damages of £61,513 for breach of contract.