HOLLIS BROS. & CO., LTD. v. WHITE SEA TIMBER TRUST, LTD.

(1936) 56 Ll L Rep 78

KING'S BENCH DIVISION.

Before Mr. Justice Porter.

Sale of goods-Short delivery (wood goods)-Sale of 30 standards of short lengths; 20 standards of long lengths- Printed clauses providing: "In the event of over-shipment of any item of the contract or of the total contract quantity buyers shall not be entitled to reject the entire shipment but shall have the option to be exercised without delay of taking up the bills of lading and paying for the whole quantity shipped or of taking up the bills of lading and paying only for the contract quantity rejecting the balance . . . If buyers elect to take the contract quantity only the sellers shall pay all extra expenses incurred by buyers in consequence of the over-shipment. In the event of under-shipment of any item, buyers are to accept or pay for the quantity shipped, but have the right to claim compensation for such short-shipment. Each item of this contract to be considered a separate interest"- Typewritten clauses providing (inter alia): "All the goods under this contract are subject to a variation of 25 per cent. more or less, in shippers' option. . . . This contract is subject to sellers making necessary chartering arrangements for the expedition, and sold subject to shipment: any goods not shipped to be cancelled"-Shipment of 834, standards of long lengths-Claim by buyers for allowance in respect of 614 standards short-delivered-Arbitration -Award in form of special case-Meaning of "subject to shipment: any goods not shipped to be cancelled"-Inconsistency between printed and typewritten clauses.