WILENSKO SLASKI TOWARZYSTWO DREWNO v. FENWICK & CO. (WEST HARTLEPOOL), LTD.

(1938) 61 Ll.L.Rep. 249

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Sale of goods-Rejection-Sale of pitprops by claimants to respondents - Specification: "About 1000 standards 4/10 ft. lengths, fair proportion of lengths, of which the 4/6 feets to be 4/512 in. tops with maximum 10% 212/312 in. tops, the 612/10 feets to be 212/512 in. tops of which about 50% 212/312 in. tops, 5% 2 in. tops to be allowed. Fair proportion of tops within each stipulated range and over remainders. Inches in tops not to exceed feet in length" - Shipment January, 1938 - Price: 150s. per Gothenburg scale standard c.i.f. West Hartlepool-"Buyers shall not reject goods herein named nor any part of them" - Agreement to ship by two vessels, separate shipping documents being tendered in respect of each consignment - Rejection by buyers of documents relating to consignment by first vessel on ground that specification did not com ply with contract terms- Specification amended by claimants, documents then being re-tendered - Amended documents also rejected - Tender of documents relating to second shipment, on the face of them in order, rejected - Arbitration - Finding by umpire that both consignments were substantially different from goods described in contract, whether consignments considered separately or together -Award that respondents were entitled to reject first documents tendered and that as contract was a single indivisible contract that rejection absolved the respondents from taking up the second consignment, even though those documents were in order - Case stated - Right of buyers to reject in case of instalment contract.