N. V. KUNSTMESTHANDEL VOORHEEN L. TEN CATE AND ANOTHER v. DIAMOND FERTILISER & CHEMICAL COMPANY, LTD.

(1938) 61 Ll L Rep 59

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Sale of goods-Rejection-Excess delivery of bulk cargo-Sale of potash by plaintiffs to defendants "in good merchantable condition for fertiliser" - Shipment: September, 1933, to March, 1934, "at buyers' option in parcels of minimum 200 [metric] tons" - "Each delivery is to stand as a separate contract"-"Any sale shall be subject to the Dutch law and commercial customs and shall be considered as having been concluded at Utrecht" - Part accepted by defendants - Balance to be delivered: 387,963 kilos- Amount tendered: 398,690 kilos-Right of defendants to reject-Evidence of Dutch law and custom-Suggestion that sellers were allowed a latitude of 5 per cent. more or less in case of bulk delivery-Whether potash "in good merchantable condition"-Delivery of balance in two lighters and with two invoices-Whether two deliveries.