BERRY, BARCLAY & CO. v. LOUIS DREYFUS & CO.

(1929) 35 Ll L Rep 173

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Contract-Sale of goods-London Corn Trade Association Contract, No. 14- Shipment-Loading of "A" wheat (in bags) in holds Nos. 1, 2 and 4; of "B" wheat (in bags) in holds Nos. 1, 2, 4 and 5-"A" wheat of similar quality to but of different description from "B" wheat-Escape of "loose" in No. 4 hold-Finding of arbitrators that "pro rata" clause applied to whole cargo-Held that there was no commingling or absence of distinction in loading; that "the larger quantity" referred to a single entity within the same compartment; and that therefore the clause did not apply.