THE "SKARP."

(1935) 52 Ll L Rep 152

ADMIRALTY DIVISION.

Before Mr. Justice Langton.

Bill of lading-Damage to cargo (timber)- Claim by shippers and consignees- Short delivery-Timber received for shipment "in good order and condition" at Parrsboro (N.S.) for Manchester - Bills claused "Condition quality description and measurement unknown" ("Condition" having been inserted by master)-Log entry by master that cargo was in very bad state -Cargo "to be redelivered in the like good order and condition"-Whether words of contract-"Order" and "condition"-Contention by plaintiff consignees (c.i.f. buyers from the shippers) that they took up the documents in reliance upon the bill of lading description-Estoppel-Effect of clause in c.i.f. contract providing that should any dispute arise respecting its fulfilment the buyers should not reject the goods shipped nor refuse immediate payment, but should take the matter to arbitration-Short delivery-"Bills of lading shall be conclusive evidence against the owners as establishing the aggregate number of pieces delivered to the steamer."