T. D. BAILEY, SON & CO. v. ROSS T. SMYTH & CO., LTD.

(1940) 67 Ll.L.Rep. 147

HOUSE OF LORDS.

Before Viscount Maugham, Lord Atkin, Lord Wright, Lord Romer and Lord Porter.

Sale of goods (c.i.f.) - Rejection by buyers - London Corn Trade Association Contract, No. 28-Sale of 15,000 units [of 480 lb.] of No. 2 Yellow American Corn-Seller "has the option of shipping a further 3 per cent. more or less on contract quantity, excess or deficiency over the above 2 per cent. to be settled at the c.f. & i. price on date of bill of lading, and on the quantity thereof"-Added typewritten clause providing: "Separate documents for each 1000 units and each 1000 units to be considered a separate contract" - Notice of appropriation given of "about 15,444 qrs." - Provisional invoice sent by sellers stating that there were 15 bills of lading each for 1000 units and one bill of lading for 444 units-Rejection of provisional invoice by buyers as not being in accordance with contract - Amended provisional invoice sent by sellers stating that there were 15 bills of lading each for 1000 units, also rejected by buyers - Arbitration - Award of Appeal Committee (reversing award of umpire) that buyers were entitled to reject-Case stated-Effect of notice of appropriation-Passing of property- Jus disponendi - Waiver - Whether sending by sellers of amended provisional invoice amounted to withdrawal of first provisional invoice and waiver of buyers' breach of contract in

rejecting - Sale of Goods Act, 1893, Sects. 17, 18, Rule 5, 19, 30 (1), 31, 32.