MITSUI & CO., LTD. v. HUMPHREY SHATWELL & CO. (SILK THROWSTERS), LTD.

(1941) 69 Ll.L.Rep. 119

KING'S BENCH DIVISION.

Before Lord Caldecote (Lord Chief Justice).

Sale of goods (c.i.f.)-Payment-Documents not tendered by sellers-Waiver -Sale by plaintiffs to defendants of 50 bales of silk, shipment March/April/May 1940, at the price of 21s. 6d. per lb. c.i.f. London and/or any other port in the United Kingdom at sellers' option-Defendants informed by plaintiffs' agents of separate shipments by different vessels-Parcels entered and cleared by plaintiffs at defendants' request and put into warehouse-Defendants informed by plaintiffs that on being paid they would forward delivery orders entitling defendants to obtain possession-10 bales paid for by defendants -Only 40 bales delivered by plaintiffs -Failure by defendants to make any further payment - Defendants' contention that plaintiffs had failed to procure or tender the proper shipping documents relative to the 50 bales -Goods sold by plaintiffs as unpaid vendors-Claim by plaintiffs for damages (including warehousing charges, etc.).