MALLOZZI v. CARAPELLI S.P.A.

[1975] 1 Lloyd's Rep. 229

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Kerr

Sale of goods (c.i.f.) - Breach of contract - Shipment of maize and oats from the Plate to Italy - First port of discharge to be mutually agreed between parties - Buyers to pay demurrage as per charter-party - No provisions in charter-party - Bills of lading relating to oats falsely dated - First port of discharge nominated unilaterally by sellers - Payment of demurrage by buyers under protest - Whether buyers entitled to damages and repayment of demurrage paid - London Corn Trade Association form no. 41.