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Published online by Cambridge University Press: 11 August 2003
In Ennstone Building Products Ltd. v. Stranger Ltd. [2002] EWCA (Civ) 916, [2002] 1 W.L.R. 3059 the claimant, who had supplied sandstone for a building in Edinburgh, retained the defendant to investigate and report when the stone developed unsightly staining. The contract was concluded at the defendant's Scottish office and provided that research and testing were to be carried out in both England and Scotland, but predominantly in Scotland. Both parties were English companies.
The defendant reported, recommending that the sandstone be treated with oxalic acid, and this treatment was duly carried out. A few months later, however, the stone had again become disfigured. When independent consultants advised that oxalic acid was likely to have exacerbated the staining problem, the claimant sued the defendant for negligence and/or breach of contract.