Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

PELHAMS (MATERIALS), LTD. v. MERCANTILE COMMODITIES SYNDICATE; MACLEOD, ROSS & CO., LTD. (THIRD PARTIES).

[1953] 2 Lloyd's Rep. 281

QUEEN'S BENCH DIVISION.

Before Mr. Justice Roxburgh.

Sale of goods-Breach-Sale by sample or description - Resale - Goods not complying with sample or description - Sellers in breach - Right of buyers to reject - Rejection not pleaded, buyers claiming rescission and loss of profit; in the alternative, damages for breach of warranty-Property in goods transferred to sub-buyers-Act "inconsistent with the ownership of the seller" - Defect in pleadings-Measure of damages-Proof-Costs -Sale of Goods Act, 1893. Sects. 34 (1). 35.

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