THORNTON v. FEHR & CO.

(1935) 51 Ll L Rep 330

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Principal and agent-Broker acting for undisclosed principal-Liability of broker-London Oil & Tallow Trade- Custom-"We have this day brought for you [F. & Co., defendants] according to the Rules of the London Oil & Tallow Trades Association" about 50 tons of tallow at a certain price c.i.f. "(Signed) F. C. & Co., Brokers" [plaintiffs]-Sold note sent in similar terms to B. & Co., also signed by plaintiffs as brokers-Principals not disclosed -Invoice rendered by B. & Co. to plaintiffs-Payment against shipping documents by plaintiffs to B. & Co. and by defendants to plaintiffs-Presentation of documents to ship-No tallow on board-Claim by defendants against plaintiffs for repayment-Contention by plaintiffs that they were not liable as brokers-Request by defendants for arbitration-Refusal by plaintiffs to arbitrate-Plaintiffs' arbitrator appointed by Association-Award that by custom of the trade the plaintiffs were liable-Action brought by plaintiffs for a declaration that the award was null and void.