MAY & HASSELL, LTD. v. VSESOJUZNOJE OBJEDINENIJE "EXPORTLES."

(1941) 69 Ll L Rep 102

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Sale of goods (c.i.f.)-Breach by sellers- Defective shipments under instalment contract - Quality or condition - Arbitration-Jurisdiction of arbitrators -Sale of Kara Sea redwood, Archangel bracking-"Goods to bear shippers' usual marks"-"Buyers shall not reject the goods herein specified but shall accept or pay for them in terms of contract against shipping documents"-Amendment to English arbitration clause providing that "Any disputes under this contract which cannot be settled amicably, except such as refer to the quality, condition, measurement, or manufacture of, or correctness of documents for, goods shipped" should be arbitrated upon in Moscow-Shipments of part of goods improperly marked-Claim by buyers for damages -Arbitration-Case stated-Question for opinion of Court: Whether buyers entitled to claim damages-Case never set down-Damages paid by sellers- Further claim by buyers for damages, calculated upon undelivered balance, it being alleged by the buyers that the sellers, by reason of their defective shipments, had repudiated the contract -Further arbitration-Whether claim within jurisdiction of English arbitrators.