MARK LEVER & CO., LTD. v. W. WINGATE & JOHNSTON, LTD. (COX & KINGS (AGENTS), LTD., THIRD PARTIES).

(1950) 84 Ll.L.Rep. 156

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Contract - Shipping agents - Failure to carry out shippers' instructions- Instructions passed on to sub-agents- Delay-Deterioration of goods shipped -Negligence as bailees-Damages- Sale of cosmetics by plaintiffs to Indian importers - Shipping arrangements made by defendants - Plaintiffs informed by Indian importers that goods would not be accepted as they were overstocked-Unsuccessful attempt by defendants at plaintiffs' request to stop shipment-Instructions given by plaintiffs to defendants as to disposal of goods and passed on by defendants to their Indian sub-agents-Dispute as to terms of plaintiffs' instructions- Sub-agents instructed by defendants to contact Indian importers on arrival of goods and to re-offer them for inspection and acceptance, and to reship goods to England if refused-Action for damages brought by plaintiffs alleging excessive delay by defendants and by their sub-agents (third parties) in carrying out plaintiffs' instructions, resulting in unsaleability by reason of deterioration - Proof of damage - Evidence of normal "shelf-life" of goods-Whether delay due to causes beyond sub-agents' control-Onus of proof-Conditions of contract.