CEHAVE M.V. v. BREMER HANDELGESELLSCHAFT m.b.h. (THE "HANSA NORD")

[1975] 2 Lloyd's Rep. 445

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Roskill and Lord Justice Ormrod

Sale of goods (c.i.f.) - Rejection - U.S. citrus pulp pellets to be shipped "in good condition" - Cargo discovered, on discharge, to be worth 60 per cent. less than goods of sound value - Rejection by buyers - Goods ordered by Court to be sold - Subsequent purchase by buyers at about half price - Whether term as to shipment was a "condition" - Whether goods of "merchantable quality" - Whether subsequent purchase by buyers "inconsistent with ownership of seller" - Sale of Goods Act, 1893, ss. 14(2), 35.