MONTAGUE L. MEYER, LTD. v. KIVISTO.

(1929) 35 Ll L Rep 265

COURT OF APPEAL.

Before Lord Justice Scrutton and Lord Justice Greer.

Sale of goods-Condition or warranty- Sale of timber "to be properly seasoned for shipment to the United Kingdom, and shall be of the shippers' usual bracking, average length and fair specification for such description of goods. . . . Buyers shall not reject the goods herein specified, but shall accept and pay for them in terms of contract against shipping documents"-Tender of timber not properly seasoned- Rejection - Arbitration - Award - Held that as the timber delivered was according to specification the buyers were not entitled to reject but were entitled only to damages for breach of warranty-Award upheld.