RONAASEN & SON v. ARCOS, LTD.

(1933) 45 Ll.L.Rep. 33

HOUSE OF LORDS.

Before Lord Buckmaster, Lord Blanesburgh, Lord Atkin, Lord Warrington of Clyffe and Lord Macmillan.

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-Sale of Goods Act, 1893, Sects. 13, 14, 30 (3)