MARGOLIS v. NEWSON BROS., LTD. (TRADING AS GENERAL SHIPPING & FORWARDING COMPANY).

(1941) 71 Ll.L.Rep. 47

KING'S BENCH DIVISION.

Before Mr. Justice Humphreys.

Contract - Breach - Purchase of torch batteries by plaintiff from R. in Antwerp-Undertaking by R. to supply certain named Dutch batteries-Defendants (shipping agents) approached by plaintiff to arrange for shipment of goods to England-Instructions passed on by defendants to their Antwerp agents - Shipment of batteries of inferior quality-Dispute as to terms of contract between plaintiff and defendants - Allegation by plaintiff that defendants undertook to ensure through their Antwerp agents that the batteries shipped were of the right make -Claim by plaintiff for return of sum paid on account to defendants - Counterclaim by defendants for further sums paid to their Antwerp agents and for reimbursement of Customs charges, etc., paid by defendants on plaintiff's behalf.