DRACH HOLZINDUSTRIE, A/G. v. H. YAGER (LONDON), LTD.

(1932) 43 Ll L Rep 228

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Sale of goods (timber)-Claim by plaintiff sellers for price of timber delivered and for declaration that parties had agreed to cancel further deliveries-Counterclaim for damages in respect of (1) unshipped balance; (2) quality of timber delivered-Sale of "prime Czechoslovakian ash boules, the entire quantity suitable for the English market from [plaintiffs'] stocks at Munkac to be inspected and passed by buyers' representative" - Provision for cancellation in case of dispute- Rejection by defendants of timber tendered under contracts-Allegation by plaintiffs that oral agreement was reached by which the contracts were cancelled so far as they were then unperformed by the plaintiffs, except for the timber selected by defendants' representative.