SAXTON v. NICHOLSON & CO., LTD.

(1935) 53 Ll L Rep 221

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Sale of goods-Breach-Non-delivery- Sale of wood goods hereinafter specified "for shipment during the coming season"-"About 1000 logs cut into boules . . . and subject to sample quantity as follows for November shipment: -'About 25 logs hewn, all cut to 118 in. thickness at 3s. 3d., about 25 logs round unbarked, all cut to 1 in. thickness at 3s. 3d.' per cubic ft. . . ." -40 sample logs delivered of good quality but not cut in accordance with stipulated thicknesses - Non-delivery of remainder-Claim by buyer for damages - Case stated - Findings of umpire that buyer had right to reject but that he accepted sample delivery and was entitled to damages; that buyer made repeated requests for delivery of remainder and that, the sellers failing to deliver, the buyer was entitled to further damages-Whether sellers committed breaches of contract as to the sample delivery and as to the remainder-Contention by sellers that no binding agreement was entered into as regards the remainder.