BIBBY & SONS, LTD. v. RUSSO-BRITISH GRAIN EXPORT CO., LTD.

(1934) 48 Ll.L.Rep. 61

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Sale of goods - Over-payment - Short delivery-Claim by buyers (plaintiffs to be repaid-Purchase of cargoes of cotton seed from defendants-Payment against provisional invoice- Adjustment between parties of difference between price paid against documents and amount ascertained on outturn - Cargo not weighed on discharge - Stored in warehouse - Notional outturn weight based on shipping weights less 14 per cent.- Cargo subsequently weighed and found to be 10 per cent. less than shipping weights - Calculation of shipping weights