JAMES FINLAY & CO., LTD. v. N.V. KWIK HOO TONG HANDEL MAATSCHAPPIJ.
(1928) 31 Ll.L.Rep. 220
KING'S BENCH DIVISION.
Before Mr. Justice Wright.
Sale of goods (sugar, c.i.f. Bombay)-Documents -Discrepancy between bill of lading date and shipment date- September shipment (Java)-Sugar in lighters awaiting shipment in September but actually shipped in October- Refusal by sub-buyers to take delivery -Claim by buyers (plaintiffs) against defendants (sellers) for damages- Javanese custom permitting bill of lading to bear false shipment date not established-Breach of c.i.f contract- Fall in market value-Measure of damages-Sale of Goods Act, 1893, Sect. 53 (2).