Bremer Handelgesellschaft m.b. Buyers to use the product in animal feedstuffs. On arrival in Rotterdam, major damage to 1260 metric tons and minor damage to 2053 tons. Buyers rejected and claimed return of price which had already been paid. Sellers refused to repay money, and goods sold to X for 33,000.
Goods resold to original buyers for same price.
Goods used for cattle food. Contract price was for 100,000 and market price at the time, about 86,000. At one time thought to depend on the nature of the stipulation rather than extent of breach or consequences. Whilst Sale of Goods Act 1893 used the language of condition and warranty, it cannot have been intended to rule out the intermediate terms, the cases upon which were legion. The Act expressly preserved the rules of common law inconsistent with the Act.