RAPALLI v. K. L. TAKE, LTD.

[1958] 2 Lloyd's Rep. 469

COURT OF APPEAL.

Before Lord Justice Jenkins, Lord Justice Romer and Mr. Justice Roxburgh.

Sale of goods (c. & f.) - Description - Quality - Merchantability - Rejection by buyers of consignment of "medium" onions-7 per cent. undersized and 6 per cent. sprouting - Whether buyers entitled to reject - "De minimis" rule. Sale of goods (c. & f.) - Offer and acceptance - Non-acceptance of consignment of cauliflowers - Whether firm offer by buyers accepted by seller by shipping goods - Alleged waiver if no notification of acceptance-Whether parties "ad idem" as to kind of cauliflowers - Meaning of "interested."