M. ARONSON v. MOLOGA HOLZINDUSTRIE A.G.

(1927) 28 Ll.L.Rep. 81

COURT OF APPEAL.

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

Sale of goods-Non-performance-Shipment of pulpwood - Passing of property - Failure of sellers to tender goods in accordance with contract-Conversion- Accrued cause of action-Acceptance by buyer (after fall in market price and to avoid damages for dead freight) under proper protest, of non-contract wood tendered-Finding of arbitrator that wood tendered and contract wood were of equal value after market price had fallen-Measure of damages - Whether nominal or substantial - Accord and satisfaction - Substantial damages awarded-Appeal dismissed.