THE KINGDOM OF ITALY (REPRESENTED BY THE ITALIAN DELEGATION) (WHEAT SUPPLIES) v. SUZUKI & CO.

(1924) 17 Ll L Rep 251

COURT OF APPEAL.

Before Lord Justice Bankes, Lord Justice Scrutton, and Lord Justice Atkin.

Sale of Wheat c.i.f. - Short Delivery - Shrinkage in Wheat Cargoes usual - Disputed Certificates of Intake based on Average Weight of Bags-Substituted Term of Agreement as to Payment based on Out-Turn instead of Intake-Arbitration Clause-Award as Condition precedent to Action - Arbitration to be claimed within Time Limit - Claim made after Expiry rejected by Arbitrators -Whether Action barred by Absence of Award.