CANADA ATLANTIC GRAIN EXPORT COMPANY (INC.) v. EILERS AND OTHERS.

(1929) 35 Ll L Rep 206

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Sale of goods (c.i.f.) - Rejection (barley) by buyers-Claim by sellers for damages for breach-London Corn Trade Association Contract, No. 30- "Official certificate of inspection to be final as to quality . . . The grain is not warranted free from defect, rendering the same unmerchantable, which would not be apparent on reasonable examination . . ." - Certificates of inspection issued by U.S. Government inspectors-Barley affected by fusarium roseum apparent only on bacteriological examination - Arbitrators' finding that sellers had no suspicion of defect- Held that "reasonable examination" limited the extent of the sellers' warranty as to quality; further, that no grounds were shown for upsetting the arbitrators' award that the barley was merchantable-Sale of Goods Act, 1893, Sects. 14 (1), (2), 34 (1).