HESKELL v. CONTINENTAL EXPRESS, LTD., AND ANOTHER.

(1949) 83 Ll.L.Rep. 438

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Contract-Breach-Sale of goods to foreign buyer - Goods not shipped owing to breach of contract and/or negligence of warehousemen-Bills of lading issued by loading brokers although goods not on board-Settlement of claim brought by buyer against shipper - Claim by shipper against warehousemen and loading brokers-Detinue-Breach of warranty of authority-Damages-Sale by plaintiff to buyer in Teheran of goods warehoused by first defendants- Instructions given by plaintiff to his forwarding agents (B. & Co.) requesting them to register for shipping space for transit from Manchester to Persian Gulf-Registration of shipping space by his forwarding agents, plaintiff being informed by them that his goods should be dispatched to Salford Dock- First defendants instructed by plaintiff to send goods to named steamship in Salford Dock-Draft bill of lading sent by plaintiff's forwarding agents to second defendants (loading brokers)- Signed bill of lading issued by second defendants, although plaintiff's goods not put on board-Payment for goods by foreign buyer against documents which included bill of lading)-Goods discovered 15 months later to be still in first defendants' warehouse - Foreign buyer's claim against plaintiff for loss of profit settled for £1319 - Action brought by plaintiff (1) against first defendants claiming damages for breach of contract and/or negligence in failing to ship; and damages for detinue; (2) against second defendants claiming damages in that they had issued a bill of lading although the goods were not shipped; and damages for breach of warranty of authority-Relationship between shipper and loading brokers considered - Liability of loading brokers in issuing unauthorized bill of lading-Breach by first defendants of their instructions to deliver goods for shipment-Whether continuing - Issue Heskell v. Continental Express, Ltd., and Another. K.B. 439 of unauthorized bill of lading as novus actus interveniens-Whether dominant cause of delay-Co-operating causes of plaintiff's loss-Damages payable to sub-buyer as head of damage.