PAVIA & CO., S.P.A. v. THURMANN-NIELSEN.

[1951] 2 Lloyd's Rep. 328

KING'S BENCH DIVISION.

Before Mr. Justice McNair.

Sale of goods (c. & f.)-Payment-Confirmed credit to be opened by buyers- Time for opening-Sale of 3000 tons of Brazilian groundnuts c. & f. Genoa- Shipment of 1500 tons in February and/or March and/or April, 1949; of further 1500 tons in March and/or April and/or May, 1949-Brazilian export licence to be obtained by sellers; Italian import licence to be obtained by buyers -Confirmed credit to be opened by buyers in favour of sellers and to be utilizable by sellers against delivery of documents-Buyers notified by sellers on Feb. 9 that export licence had been obtained - Request to buyers to open credit-Credit not made available to sellers until Apr. 22, 1949-Claim by sellers for damages - Arbitration - Dispute as to time when credit should be made available to sellers-Contention by sellers that credit should be made available to them as far as reasonably practicable throughout shipping period -Contention by buyers that there was no obligation on their part to open credit in sellers' favour until sellers were themselves ready to tender the documents or had taken steps to ship the goods-Award in favour of sellers- Appeal by buyers-Consultative case stated by appeal arbitrators.