THE "ARPAD."

(1934) 50 Ll L Rep 134

ADMIRALTY DIVISION.

Before Mr. Justice Langton.

Bill of lading-Short delivery (wheat)- Measure of damages-Payment into Court-Costs dependent upon Registrar's award of damages-Purchase by plaintiffs of wheat shipped in defendants' vessel-Resale-Non-delivery by defendants of 47 tons-Assessment of damages by Registrar on basis that, there being no market value, plaintiffs were entitled to restitutio in integrum -Report upheld by Bateson, J.-Set aside by Court of Appeal (Greer and Maugham, L.JJ., Scrutton, L.J., dissenting), it being held that damages must be assessed on the basis of the value of the wheat at the date of discharge -Further reference to Registrar -Report-Motion in objection by defendants on grounds (1) that the plaintiffs' claim for agency should not have been allowed; (2) that a deduction should have been made of an amount covering discharging expenses and trade discount; and (3) that a payment into Court by the defendants to meet a claim by co-plaintiffs for short delivery of another parcel of wheat shipped in defendants' vessel, that claim failing, should be allocated to the plaintiffs' claim.