ERNEST SCRAGG & SONS LTD. v. PERSEVERANCE BANKING AND TRUST CO. LTD.

[1973] 2 Lloyd's Rep. 101

COURT OF APPEAL

Before Lord Denning, M.R., and Lord Justice Stephenson

Sale of goods - Order from "banking company" signed by company itself - "Net cash against documents" - Bill of exchange and bill of lading sent by seller to company - Bill of exchange not accepted - Bill of lading forwarded by company to third party - Whether company personally liable for price and conversion of bill of lading. Principal and agent - Order form signed "for and on behalf of" company - Whether company personally liable. Rectification - Circumstances in which rectification ordered by Court. Damages - Conversion - Bill of lading forwarded to third party by buyer - Price not paid to seller - Quantum of damages claimable by seller of goods.