Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

MEYER, LTD. v. OSAKEYHTIO CARELIA TIMBER COMPANY, LTD.

(1930) 37 Ll L Rep 76

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Sale of goods-Rejection by buyers-"The wood goods hereinafter specified . . . to be ready for shipment on June 15, 1928 . . . Buyers shall not reject the goods herein specified"-Clause permitting postponement of shipment in case of strikes-Delay in shipment owing to strike-Shipment of 1929 timber under contract-Whether a breach of warranty entitling the buyers to damages or a breach of condition entitling the buyers to reject-Umpire's award upholding buyers' claim to reject-Held, affirming award, that "to be ready for shipment on June 15, 1928," was a condition of the contract; and that the shipment of 1929 timber was a breach of that condition, which justified rejection- Meyer, Ltd. v. Kivisto, 35 Ll.L.Rep. 102, 265, distinguished.

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