EDWIN MABEY & CO. v. ELY BEET SUGAR CO.

(1927) 28 Ll L Rep 275

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Sale of goods-Rejection (coal c.i.f.)- Alleged misrepresentation - Implied warranty-Whether merchantable coal and/or suitable for buyers' requirements -Delivery out of time-Waiver- Intention to treat contract as subsisting -Allegation that goods were not up to sample and that "plaintiffs never made and never were in a position to make any tender in accordance with the contract"-Finding that sale was not one by sample and that shipping documents were accepted as good tender- Novation-Note or memorandum in writing-Sale of Goods Act, 1893, Sects. 4, 14 (1) (2), 35.