VSESOJUZNOJE OBJEDINENJE "EXPORTLES" v. T. W. ALLEN & SONS, LTD.

(1938) 61 Ll.L.Rep. 217

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Sale of goods-Rejection-Faulty manufacture -"Shippers' usual marks"- Sale of unsorted redwood and strips- Specification: "Severoles production - Leningrad bracking" - "3. The goods are to bear shippers' usual marks, to be properly seasoned for shipment to the country of destination and to be of sellers' usual bracking, average length and fair specification for such description of goods. . . . 11. No complaint or claim for quality and/or condition will be recognised by sellers upon any goods shipped under this contract, unless reasonable particulars are given to agents within fourteen days, and the goods in respect of which a claim is made are produced ready for inspection within twenty-one days, both from date of ship's final discharge. . . . Reasonable particulars shall mean a statement as to whether the claim is for condition and/or quality and/or other defects which are to be named. 15. . . . Buyers shall not reject the goods herein specified but shall accept or pay for them in terms of contract against shipping documents. . . . 19. It is hereby understood and agreed that any disputes under this contract which cannot be settled amicably, except such as refer to the quality, condition, measurement, or manufacture of, or correctness of documents for, goods shipped, shall be referred to the U.S.S.R. Chamber of Commerce Foreign Trade Arbitration Commission in Moscow, whose decision shall be final and binding upon both parties . . ." -Notice of claim made by buyers (1) on ground that some of goods were not seasoned; (2) on account of bad manufacture; (3) on ground that part of goods did not bear shippers' usual marks-Inspection declined by sellers on ground that claim was out of time- Arbitration-Award (1) that sellers were not liable for the buyers' claim

based on quality and/or condition; (2) that the sellers were liable for the buyers' claim based on faulty manufacture; (3) that the buyers were entitled to reject goods not marked with the shippers' mark - Case stated - Questions for opinion of Court: (1) Whether the buyers were entitled after the expiration of 14 days to give notice of claim on the grounds of faulty manufacture and that the goods did not bear the shippers' usual mark; (2) Whether the buyers were entitled to reject such of the goods on the ground that the did not bear the shippers' usual mark.