F. E. HOOKWAY & CO., LTD. v. ALFRED ISAACS & SONS AND OTHERS; SAME v. GRAVES AND ANOTHER (CONSOLIDATED).

[1954] 1 Lloyd's Rep. 491

QUEEN'S BENCH DIVISION.

Before Mr. Justice Devlin.

Sale of goods-Quality dispute-London Shellac Trade Association-Delivery Contract No. 1- Sale analogous to sale by sample-Certification of sample of shellac by Association panel -Comparison with "standard sample"- Complaint against "flow"-"Flow" detectable only by analysis-Parcel certified as being in accordance with contract-Certificate based on visual examination-Certification affirmed by Appeal Committee-Refusal to permit legal representation at appeal- Irregularity of proceedings-Right of Court to interfere-Construction of contract-Provisions relating to quality-Custom-Implied term-Merchantability-Sale of Goods Act, 1893, Sects. 14 (2), 15 (2) (c)-Arbitration Act, 1950, Sects. 22, 23-London Shellac Trade Association Rules and By-laws.

Custom-Proof.