E. E. & BRIAN SMITH (1928), LTD. v. WHEATSHEAF MILLS, LTD.

(1939) 63 Ll L Rep 237

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Sale of goods - Rejection - London Corn Trade Association Contract for sale of China peas - Documents tendered by sellers - Taken up and paid for by buyers-Claim by buyers to reject peas - Arbitration - Award that buyers were entitled to reject and that sellers should take back peas and refund amount of provisional invoice and incidental charges - Subsequent claim by buyers for damages for non-delivery of contract goods - Second arbitration - Award that buyers were entitled to damages - Award affirmed by Appeal Committee - Case stated - Question for opinion of Court: "Whether by reason of the first award, and/or by reason of their conduct in the proceedings terminating in the first award, the buyers are barred from recovering the sum claimed by them in the proceedings terminating in the second award" - Res judicata - Applicability of rule to arbitrations - Custom of trade.