RONAASEN & SON v. ARCOS, LTD.

(1932) 43 Ll L Rep 1

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Slesser.

Sale of goods (timber staves)-Rejection- Arbitration-Award-Whether timber within contract specifications-Two contracts for sale of staves of 12 in. thickness-Tender under first contract: 85.3 per cent. in some small degree over 12 in.; 10.4 per cent. at least 58 in. - Tender under second contract: 75.3 per cent. in some small degree over 12 in.; 18.3 per cent. at least 58 in. - Finding of umpire that tender was commercially within and merchantable under the contract specifications; and that buyers were not entitled to reject -Variation in thickness-Whether onus upon buyers to show that the variation was more than microscopic or upon sellers to show that the deviation was merely microscopic - Sale of Goods Act, 1893, Sects. 13, 14, 30 (3)-Held, that the contracts should be construed according to their legal significance; that the buyers were entitled to timber substantially within the specifications; that some slight variation was permissible under the maxim de minimis non curat lex; that, some variation in thickness being admitted, the onus was on the sellers to show that that variation was merely microscopic; but that, even allowing for any exposure to damp since shipment, the measurements found by the umpire went far beyond any variation permissible - Alternative award upheld, that buyers were entitled to reject-Appeal dismissed.