STEELS & BUSKS, LTD. v. BLEECKER BIK & CO., LTD.

[1956] 1 Lloyd's Rep. 228

QUEEN'S BENCH DIVISION.

Before Mr. Justice Sellers.

Sale of goods-Fitness for purpose-Sale of pale crepe rubber by sample and description- "Quality as previously delivered" - Particular purpose made known to sellers- Use of "PNP" as preservative, rendering rubber unsuitable for particular purpose- Parties unaware of use of "PNP"- "PNP" not contained in rubber "previously delivered"-Presence of "PNP" not discoverable upon normal trade examination- Reliance upon sellers' skill and judgment- Merchantability-Sale of Goods Act, 1893, Sects. 13, 14, 15. Arbitration-Appeal award in form of special case - Original award deemed to be incorporated-Desirability.