LEVY v. COHEN, SONS & CO., LTD.

(1932) 43 Ll L Rep 139

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Sale of goods (scrap iron) - Breach - Sale by defendants to plaintiff of bundles of scrap iron to implement plaintiff's contract with Swedish buyers - Scrap mixed with other scrap supplied by K - Rejection by Swedish buyers of whole consignment on ground of quality - Scrap to be free from tinned materials and to be fit for use in Martin furnaces - Construction - Onus of proof - Held, that "free" did not mean "chemically free" but that it imported that the scrap should be sufficiently free from impurities to make it suitable and safe to use in Martin furnaces; and that it was not shown that the scrap tendered by the plaintiff to Swedish buyers contained any properly objectionable material; further, that even if it did it was not shown that the fault lay in that part sold by the defendants - Claim dismissed.