BUCKERFIELDS, LTD. v. SMITH.

(1936) 54 Ll.L.Rep. 304

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Contract-Terms-Sale of bran c.i.f. Hull by plaintiffs to defendant-Freight payable on arrival-Vessel lost on voyage-Total loss (including insurance on freight) paid by insurers to buyer- Bought and sold notes exchanged- Bought note providing (inter alia): "Insurance W.A. (or 'all risks') . . . All other terms as per those of the London Cattle Food Trade Association Contracts"-Contention by plaintiffs that the terms of the London Cattle Food Trade Association General Contract No. 1 were incorporated except where in conflict with the terms of the bought and sold notes; and that the defendant was entitled under Clause 15 of the General Contract No. 1 to retain only an amount equivalent to the invoice value of the bran plus 2 per cent. and was bound to account to the plaintiffs for the balance-Intention of parties-Course of business-Held, that the terms of General Contract No. 1 (except where irreconcilable with the terms of the bought and sold notes) were incorporated into the contract between the parties and that the buyers were entitled under Clause 15 to the sum claimed.