LESTERS LEATHER & SKIN COMPANY, LTD. v. HOME & OVERSEAS BROKERS, LTD.

(1948) 82 Ll.L.Rep. 202

COURT OF APPEAL.

Before Lord Goddard (Lord Chief Justice) and Lord Justice Singleton.

Sale of goods-Non-delivery-Measure of damages - Mitigation - Available market-Sale by defendants to plaintiffs of parcel of Indian snakeskins, c.i.f. a United Kingdom port, "net cash against documents"-Documents taken up by buyers-Shipment properly rejected by buyers as being unmerchantable - Claim by buyers for return of price paid plus damages for loss of profit-Evidence of steps taken by buyers in mitigation-Small parcel of dressed skins purchased for resale - Whether buyers under a duty to have sought further skins in India in replacement of skins which sellers failed to deliver-Judgment entered by Sellers, J., for buyers for return of price paid plus damages for loss of profit (an allowance being made in sellers' favour on the grounds (1) that skins of a similar type might have been obtained elsewhere; (2) that the profit on each skin was based on anticipated rather than on certain sales)-Appeal by sellers against award of damages for loss of profit-Sale of Goods Act, 1893, Sect. 51.