FOCKE & CO., LTD. v. THOMAS ROBINSON, SONS & CO., LTD.

(1935) 52 Ll L Rep 334

KING'S BENCH DIVISION.

Before Mr. Justice Porter.

Sale of goods-Rejection by buyers-Sale of 500 boxes of Victorian Neville Grey eggs-"Quality and condition: Australian Government certificates to be final and deemed to cover total shipments" -"Goods to be at buyers' risk as soon as shipment is effected. Clean documents to be sufficient warranty that goods were shipped in good order and condition"-Contention by buyers that eggs shipped were not in accordance with the contract-Construction of contract-Finality of Australian Government certificates-Case stated pursuant to Sect. 9 of Arbitration Act, 1934-Questions for the opinion of Court: "(1) Are the certificates of the Commonwealth of Australia final and conclusive against the buyers as to the quality and/or condition and/or weight of the eggs delivered? (2) Are the words 'Goods to be at buyers' risk as soon as shipment is effected. Clean documents to be sufficient warranty that goods were shipped in good order and condition' final and conclusive against the buyers as to the quality and/or condition and/or weight of the eggs delivered?"