GODDARD v. RAAHE O/Y OSAKEYHTIO.

(1935) 53 Ll L Rep 208

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Sale of goods-Rejection-Two contracts for sale of timber-First contract for sale of 85 standards of unsorted redwood and 33 standards of fifth quality and/or discoloured redwood-Second contract for sale of 75 standards of 212 in. by 312 in. redwood and 20/25 standards of fifth quality and/or discoloured redwood-Variations in quantities and qualities delivered- Wood required by buyer for cottage joinery purposes-Whether buyer made known to sellers the particular purpose for which goods were required so as to show that the buyer relied on the sellers' skill and judgment-Right of rejection-Whether affected by alleged custom of trade in such circumstances not to reject but to make allowance- "The buyers shall not reject the goods herein specified but shall accept or pay for them in terms of contract against shipping documents"-"Each item of this contract to be considered a separate interest"-Arbitration-Case stated- Findings of umpire as to first contract, (a) that this contract was not subject to condition as to fitness for particular purpose; (b) that the total quantity of timber to be shipped thereunder was 118 standards and that the total quantity in fact shipped was 125 standards; (c) that having regard to the contract terms and the acceptance of a credit note for £16 there was no such variation between the quantity of timber contracted for and the quantity in fact shipped as to give the buyer a right to reject; as to second contract, that the total quantity of timber to be shipped thereunder was from 95 to 100 standards and that the total quantity in fact shipped was 11512 standards; as to both contracts, that the goods delivered thereunder were substantially of the shipper's usual bracking and in so far as there was any variation therefrom such variation was by the custom of the timber trade the subject of an allowance and did not constitute a ground for rejection by the buyer-Questions for the opinion of the Court: As to second contract, (1) Was there a condition express or implied that the unsorted redwood to be delivered thereunder should be fit for cottage joinery purposes? If not, (2) Were the goods supplied under this contract fit for cottage joinery purposes?-As to both contracts, (3) Did the goods so differ from the specification as to give the buyer the right to reject? (4) Did the goods consist of those which the sellers had contracted to sell mixed with goods of a different description not included in the contract? (5) Is each of the contracts to be treated as an indivisible whole or are the various items of unsorted redwood and fifths included in the shipment under each contract to be taken as separate or divisible items?-Sale of Goods Act, 1893, Sects. 14 (1), 30 (3).