NORTH EASTERN TIMBER IMPORTERS, LTD. v. CH. ARENDT & SONS AND IMPRESA CERRITO.

[1952] 2 Lloyd's Rep. 513

QUEEN'S BENCH DIVISION.

Before Mr. Justice Sellers.

Brokers - Timber brokers - C.i.f. contract for sale of timber by foreign shipper to British buyers, brokers acting as agents for shipper - Buyers to pay cash in exchange for shipping documents - Shipper paid by agents, who took up documents and sent them to buyers - Payment not made by buyers - Inspection in meantime by buyers, who claimed right to reject - Payment subsequently made by buyers "without prejudice" to right of rejection - Right to reject upheld in arbitration - Buyers' right to recover price price to agents - Whether agents acting as principals - Alleged "assignment" from shipper to agents.