F. E. NAPIER v. DEXTERS, LTD.

(1926) 26 Ll L Rep 184

COURT OF APPEAL.

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

Sale of goods - Rejection by buyers - "London sweet fat . . . Delivery during the month of October, 1925, f.o.b. London steamer. Cash against mate's receipt. Usual terms and conditions. . . . Each delivery to stand as a separate contract" - Less than full contract quantity delivered - Arbitration - Consultative case as to whether buyers entitled to reject goods altogether - Finding against buyers - Further submission -Special case stated-Right of seller to sue for price - Passing of property - Jus disponendi - Appropriation to contract - Mate's receipt not handed over to buyers - Finding that property had passed-Question of fact -Award in favour of seller upheld - Sale of Goods Act, 1893, Sect. 18, Rule 5 (1) (2), Sects. 19 (1) 30 (1), 49.