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

(1930) 37 Ll L Rep 212

COURT OF APPEAL.

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

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 - Appeal dismissed.