FOCKE & CO., LTD. (IN LIQUIDATION) v. HECHT & CO.

(1938) 60 Ll.L.Rep. 135

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Sale of goods-Description-Sale of boxes of Australian eggs c.i.f. & e.-Documents to consist of bills of lading, invoices, policy of insurance and/or insurance certificates, Government Inspection Certificates for size and quality and certificates of origin- "Government Grade Certificate shall be accepted as evidence of grading for quality, condition and weight with the exception of manifest errors"-Resale by buyers-Rejection by sub-buyers on ground of quality-Award of damages against buyers - Claim by buyers against sellers-Arbitration-Findings of umpire (inter alia) that the defects complained of by the sub-buyers existed when the eggs were delivered in Australia for examination by the Government inspector and when they were put on board ship; that the shipments contained an unusual and abnormal number of defective eggs and that the grading for quality, condition and weight was badly done; that they did not come up to the standard which buyers would expect for boxes of eggs accompanied by Australian Government Grading Certificates and apart from possessing that certificate were not in fact merchantable as boxes of eggs of the quality, condition and weight prescribed by the Australian Commerce (Export Dairy Produce) Regulations, (1930) S.R. & O. No. 132; but that, the sellers having delivered the contractual eggs (i.e., Australian eggs packed by a named packer and with a Government Grade certificate), the buyers could not complain as to their quality, condition or weight- Case stated - Whether Government Grade Certificate conclusive as to condition.