Where a purchaser has accepted delivery of goods and paid instalments, a vendor's failure to properly commission the goods constitutes a breach of warranty (not condition), entitling the purchaser to damages but not to refuse payment of the balance of the purchase price. An appellate court may construe an imperfectly expressed trial judgment to give it proper effect rather than ordering a new trial, where the intended result is discernible without contrivance.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.