1951 Present: Gratiaen J. and Gunasekara J.

SALIH, Appellant, and FERNANDO et al., Respondents

S. C. 258-D. C. Colombo, 17,762/M

Contract-Bailment-Heirloom-Failure of bailee to deliver goods entrusted- Measure of damages-Market value-Sentimental value.

Plaintiffs entrusted certain articles of jewellery to the defendant, who was a jeweller, for the purpose of repairing them. On the failure of the defendant to return the jewellery, the plaintiffs sued him for the recovery of their property or, in the alternative, for compensation for their loss. The action was based on a simple breach of contract.

Held, that, in the absence of any claim based on tort or on a breach of contract accompanied by fraud or deceit, the damages awarded should be confined to the market value of the missing jewellery. No additional sum could be claimed on the ground of the special sentimental importance attaching to the jewellery as a family heirloom.

APPEAL from a judgment of the District Court, Colombo,

Cyril E. S. Perera, with A. M. Ameen, for the defendant appellant.

C. Thiagalingam, K.C., with N. M. de Silva and J. B. M. Fernando for the plaintiffs resp