Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

M. ARONSON v. MOLOGA HOLZINDUSTRIE A.G.

(1927) 27 Ll.L.Rep. 308

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Sale of goods-Non-performance-Shipment of pulpwood-Failure of sellers to tender goods in accordance with contract -Acceptance by buyer (after fall in market price and to avoid damages for dead freight) under proper protest, of non-contract wood tendered - Finding of arbitrator that wood tendered and contract wood were of equal value after market price had fallen-Measure of damages-Whether nominal or substantial - Claim for repayment of money-No notice given to claim interest and therefore none awarded- Sale of Goods Act, 1893, Sect. 35- Substantial damages awarded.

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