EVANS, REID, TEASDALE & LIDSTROM, LTD. v. C. WILH. SVENSSONS TRAVARUAKTIEBOLAG.

(1939) 64 Ll L Rep 183

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Sale of goods-Quality-Claim by buyers-"Pitprops C.I.F Form ('Scanform')"-Sale of full and complete cargo of pitprops-"(5) In case of complaint as regards quality, notice thereof to be given to seller without loss of time, and such portion of the goods, alleged to be defective, to be laid aside for inspection by seller on final discharge. No complaint in respect of quality and condition to be recognised, unless notified within seven clear days of ship's final discharge at port of destination. (12) Measurement to take place in buyers' yard by the railway company's measurers free of expense to sellers, at sellers' option controlled by sellers' representatives, and final settlement to be made pro or con in accordance therewith in cash less 212 per cent. discount on the f.o.b. value. Measurement to be completed within one month after ship's final discharge whereafter no claims to be recognised as regards quality and measure"-Arrival of vessel at Garston on Aug. 21, 1937 - Discharged on Aug. 25-Complaint made on Aug. 26 to sellers' agents by buyers that "The cargo is of such dreadful quality that we cannot accept, and we regret that there appears no alternative but to demand arbitration" - Measurement (in hands of L.M.S. Railway Co.) not completed until Oct. 8-Detailed claim made by buyers on Nov. 3-Whether claim out of time - Construction of contract - Award in favour of buyers.