RAILWAY EXECUTIVE v. ESTRADES, LTD., AND COWAN.

[1951] 2 Lloyd's Rep. 239

KING'S BENCH DIVISION.

Before Mr. Justice Gorman.

Sale of goods (c.i.f.)-Conversion-Detinue - Bailment - Delivery by bailees to buyers without presentation of bill of lading-Mistake-Claim by bailees- Alleged variation of contract terms by sellers-Right of buyers to possession- Sale of tinned ham by French sellers to defendants-Payment to be effected by defendants by irrevocable letter of credit on London, payable against presentation of clean bill of lading, invoice, certificate of insurance and sanitary certificate-Goods consigned by sellers through French carriers and D. (British shipping and forwarding agents) to London depot of [British] Railway Executive (plaintiffs)-Consignment notes and invoices sent by French carriers to plaintiffs indicating that goods were consigned to defendants, and indorsed "Special bill of lading issued"-Practice for plaintiffs to enter invoice details on to detention sheet, which governed plaintiffs' subsequent actions-Note that "Special bill of lading issued" not inserted in detention sheet-Goods delivered by plaintiffs to defendants against delivery order issued by D.-Claim by plaintiffs against defendants alleging conversion and/or detinue of goods delivered by mistake, of which, plaintiffs contended, defendants were well aware-Plea by defendants that, by subsequent agreement with sellers, defendants were entitled to delivery without production of bills of lading.