Robinson v Graves
Rule established
Where the substance of a contract is the exercise of skill and labour, with the supply of materials being merely ancillary, the contract is one for work and labour and not for the sale of goods.
Facts
- The plaintiff, an artist, was orally commissioned by the defendant to paint a portrait for an agreed fee.
- The artist supplied his own canvas and materials.
- Work was begun and sittings took place.
- The defendant subsequently repudiated the commission.
- The artist sued for his fee.
- Whether the claim was maintainable depended on whether the contract was one for the sale of goods, which at the time would have required written evidence.
Issue
- Whether a commission to paint a portrait is a contract for the sale of goods or a contract for work and labour.
Held
- The Court of Appeal held it was a contract for work and labour. Greer LJ said that if the substance of the contract is the production of something to be sold, it is a sale of goods; but if the substance is that skill and labour have to be exercised for the production of the article, and it is only ancillary to that that there will pass from the artist to his client some materials, the contract is one for work and labour. The essence of the bargain here was the artist's skill in producing a likeness.
Ratio Decidendi
Classification depends on where the substance of the bargain lies. Where the buyer contracts for the application of a particular person's skill, and the transfer of materials is incidental to that, the transaction is not a sale of goods and the Sale of Goods Act does not apply.
How to use it in an exam
- The leading authority on the substance test distinguishing sale of goods from work and labour.
- Practical significance: if it is work and labour, the implied conditions in S.14 to S.17 do not apply, and the remedy lies in the duty to exercise reasonable skill and care.
- Useful indicators to apply: could the customer have obtained an identical article elsewhere, and does the value lie in the materials or in the skill?
- Contrast a manufacturer supplying standard catalogue items to order, which remains a sale of future goods.
Source
Source: [1935] 1 KB 579; leading authority on the substance test distinguishing sale from work and labour; 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.