Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

MALMBERG v. H. J. EVANS & CO.

(1924) 20 Ll.L.Rep. 40

COURT OF APPEAL.

Before Lord Justice Bankes, Lord Justice Scrutton, and Lord Justice Atkin.

Sale of Goods (ferro silicon) c.i.f.-Tender of documents - Refusal of buyer to accept Swedish insurance document tendered as policy - Perils insured against and conditions of policy not fully stated therein - Same document accepted by buyer on previous and subsequent occasions - Document admitted by seller to be bad tender save for course of business, waiver or estoppel- Refusal upheld.

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