JAMES FINLAY & CO., LTD. v. N.V. KWIK HOO TONG HANDEL MAATSCHAPPIJ.

(1928) 32 Ll L Rep 245

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Sankey.

Sale of goods (sugar, c.i.f. Bombay)- Breach-Documents-Discrepancy between bill of lading date and shipment date-September shipment (Java)- Sugar in lighters awaiting shipment in September but actually shipped in October - Sub-sale - Refusal by sub-buyers to take delivery-Fall in market value-Claim by buyers (plaintiffs) against sellers (defendants) for damages -Measure-Shipment date of the essence of the contract-Duty of buyers to minimize damages-No right of sellers (in breach) to compel buyers to enforce contract with sub-buyers- Buyers awarded as damages the difference between contract price and delivery value (Bombay)-Appeal dismissed.