Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

KLEINWORT, SONS & CO. v. PEERLESS FOOD PRODUCTS.

(1941) 70 Ll L Rep 88

KING'S BENCH DIVISION.

Before Mr. Justice Hawke.

Arbitration - Award - Error on face of award-Sale of cases of canned apricot pulp-Provision for examination of stained and unstained cases within one month of date of contract-Allowances to be made to buyers in respect of defective goods - Issue of delivery orders by sellers to buyers-"Stop order" previously issued by Medical Officer of Health under Public Health and Imported Food Regulations, 1937, in respect of stained cases-Examination not made within one month of contract-Right of buyers to allowances -Award that sellers were wrong in issuing delivery orders and in their claim that no allowances should be made.

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