J. RAYMOND WILSON & CO., LTD. v. NORMAN SCRATCHARD, LTD.

(1943) 77 Ll L Rep 373

KING'S BENCH DIVISION.

Before Lord Caldecote (Lord Chief Justice).

Sale of goods-Passing of property-Purchase of bales of cotton goods by plaintiffs from defendants-Bought notes containing words: "Free port less 334 per cent."- Sold notes providing: "Less 334 per cent. cash goods carriage paid to port"- Delivery port nominated by plaintiffs- Price paid to secure discount-Bales delivered by defendants to railway company for transit to nominated port-Non-delivery -Claim by plaintiffs for return of sum paid-Alleged failure of consideration -Whether property had passed-Effect and meaning of "goods carriage paid to port"-Sale of Goods Act, 1893, Sect. 18, r. 5, Sect. 20.