REED & SMITH, LTD. v. LYDDON & CO., LTD.

(1937) 59 L1.L.Rep. 62

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Sale of goods (esparto grass) - Quality - Claim by buyers for an allowance-Arbitration - Evidence of defect in quality - "9. In the event of an arbitration on quality, fully half the parcel must be available for examination by the arbiters and oversmen"-Half of the parcel not available for examination - Contention by sellers that the fulfilment of Clause 9 constituted a condition precedent to the buyers' right to claim - Arbitrator's findings that no part of balance of grass available for examination was of contract quality; that from his long experience in that trade he was satisfied that the whole of the balance was of the same standard of quality as the amount available for examination; and that therefore no part of the shipment was of contract quality and the buyers had suffered damage; further, that the sellers had waived their right to set up Clause 9 as a bar to buyers' claim-Case stated.