CARMEL EXPORTERS & IMPORTERS, LTD. v. FRANCIS HUBER (INDIA), LTD.

[1951] 1 Lloyd's Rep. 15

COURT OF APPEAL.

Before Lord Justice Asquith, Lord Justice Denning and Mr. Justice Harman.

Contract - Sale of goods - Consensus ad idem-Alleged breach by sellers in failing to ship-Whether firm contract concluded - Negotiations entered into between plaintiffs (English buyers) and defendants (Indian sellers) for sale of 100 tons Alleppey turmeric fingers c. & f. New York-Shipment April/May -Payment to be made by letter of credit against shipping documents- Proposals and counter-proposals as to terms of credit and as to conditions of sale-Failure by defendants to ship in time-Liability of plaintiffs under sub-sale to American buyers-Claim by plaintiffs against defendants for damages for breach-Denial by defendants that firm contract was concluded - Consideration of correspondence between parties - Whether parties ad idem.