LIBAU WOOD COMPANY v. H. SMITH & SONS, LTD.

(1930) 37 Ll L Rep 296

KING'S BENCH DIVISION.

Before Mr. Justice Macnaghten.

Sale of goods (timber, c.i.f.) - Rejection of documents by buyers-Bill of lading, acknowledging shipment of 854.48 fathoms, indorsed: "Part of cargo lost during loading by rafting . . ." -Amount lost ascertained afterwards to be 155 fathoms - "Sellers to provide a sworn certificate that all the props measured by the buyer's measurer have been duly shipped" - Timber discharged, sorted and piled by buyers, acting in the capacity of stevedores - Whether amounting to an acceptance of the goods - Held, that as there was a substantial difference between the bill of lading quantity and the invoice quantity the buyers were entitled to reject the documents; that the provision that the sellers were to provide a sworn certificate that all the props measured by the buyers' measurer had been duly shipped was a condition of the contract, the breach of which was a further ground of rejection; and that the buyers, as stevedores, were acting on behalf of the ship, and that any work done beyond dumping the timber in the usual way was a matter between the buyers and the shipowners and did not amount to an acceptance by the buyers - Judgment for buyers.