Bannerman v White (1861) 10 CBNS 844
The plaintiff was a buyer of hops and asked whether sulphur had been used in their cultivation. He added that if it had that he would not even bother to ask the price.
The seller, the defendant, duly assured him that sulphur had not been used.
It later transpired that sulphur had been used and the Claimant brought an action for breach. This assurance was held to be a condition of the contract because it was of such importance that without it, the buyer would not have contracted.
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