Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

BARROW, LANE & BALLARD, LTD. v. PHILLIP PHILLIPS & CO., LTD.

(1928) 32 Ll L Rep 228

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Sale of goods-Mistake-Sale of "700 bags (groundnuts) marked E.C.P. . . . lying at . . ." wharf - Indivisible parcel described in every particular-Entire price-Non-existence of part of parcel (through fraud of third party) at time contract entered into-Passing of property -Frustration-Mistake as to existence of goods sold-Whether acceptance of delivery order by wharfingers constituted an appropriation and involved passing of property in remainder of parcel-Sale of Goods Act, 1893, Sects. 6, 30-Contract held void.

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