THOMAS BORTHWICK (GLASGOW), LTD. v. BUNGE & CO., LTD.

[1969] 1 Lloyd's Rep. 17

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Browne

Sale of goods (c.i.f.) - Appropriation - Vessel "expected to load 3rd/5th January, 1968, or substitute" - Vessel substituted - Shipping documents rejected by buyers - Whether appropriation was in accordance with contract terms-Whether sellers had option to substitute-Implied terms-Meaning of "or substitute" and "available". Sale of Goods Act, 1893, Sect. 29 (2). Contract - Deleted clause - Whether Court should ignore deleted terms. Practice-Precedent-Decision of Court of Appeal on construction of contract-Whether binding on lower Court.