COLIN & SHIELDS v. MINISTRY OF SUPPLY.

(1943) 77 Ll L Rep 517

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

Sale of goods-Loss of weight in excess of franchise - Sale of hides c. & f. - Price based on "Shipping weights, 10 per cent. franchise" - Landing weights showing loss of weight exceeding 10 per cent.- Claim by buyers - Provision in contract that "When landing weights are material the goods must be weighed at buyers' expense. Official weight notes to be supplied by buyers within one month of arrival of vessel"-Contract "subject to the Rules and Regulations of the International Hide Booklet," which provided: "Weights. When hides are sold on shipping weights with a franchise, any loss of weight exceeding such franchise shall be reimbursed by the sellers on condition that the weighing at discharge is effected in accordance with the terms of the contract as and when the goods become available from the boat"-Weight notes in buyers' hands in time to be passed on to sellers within one month of arrival of vessel- Weight notes not passed on to sellers until after period of one month had passed -Arbitration - Case stated - Question for Court: Whether delivery of weight notes within one month of arrival of vessel was condition precedent to buyers' right to claim reimbursement.