Howell v Coupland
Rule established
A contract for the sale of goods to be produced from a specified source is subject to an implied condition that the goods come into existence. Failure of the crop without the seller's fault excuses performance to that extent.
Facts
- The defendant, a farmer, agreed in March to sell the plaintiff 200 tons of Regent potatoes.
- The potatoes were to be grown on a specified piece of land on the defendant's farm.
- The crop was attacked by disease, through no fault of the defendant.
- Only about 80 tons were produced.
- The defendant delivered what had been grown and the plaintiff accepted it.
- The plaintiff sued for damages for non-delivery of the balance.
Issue
- Whether a seller who contracts to sell a quantity of produce from a specified source is liable when the crop fails through no fault of his own.
Held
- The defendant was not liable for the shortfall. The contract was not for potatoes generally but for a particular crop to be grown on identified land, and both parties contemplated that the potatoes would come from that source. It was therefore subject to an implied condition that the crop should come into existence. Since the failure was caused by disease and not by any default of the seller, he was excused to the extent of the deficiency.
Ratio Decidendi
Where the subject matter of a sale is tied to a specific source, the continued existence or coming into existence of that source is a condition of the contract. Its failure without fault discharges the seller pro tanto, because he never undertook to supply from any other source.
How to use it in an exam
- The classic authority on contingent goods under S.6(2) of the Sale of Goods Act 1930.
- The decisive contrast to draw is with a generic contract for the same quantity from any source, where the seller must find substitutes and bears the risk of market movements.
- Connects to S.7 and S.8 on perishing of specific goods, and to the doctrine of frustration under S.56 of the Indian Contract Act.
- A favourite examination pattern is a single problem mixing specific, source specific and purely generic goods.
Source
Source: (1876) 1 QBD 258; classic authority on contingent goods; citation and bench checked against Indian Kanoon and reported sources, audit of 12 August 2026
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.