Alexander Cross Seed Company Ltd, v Henry Gillespie, trading as ""H. Gillespie Company ""

JurisdictionNorthern Ireland
Judgment Date01 January 1945
Date01 January 1945
CourtKing's Bench Division (Northern Ireland)
(K.B.D., N.I.),
Alexander Cross Seed Co., Ltd.
and
Henry Gillespie, trading as "H. Gillespie & Co."

- Goods sent from Scotland delivered to quay in Belfast and there seized and condemned as prohibited goods - Documents marked "paid Belfast" - Whether delivery made in compliance with contract - Import, Export and Customs Powers (Defence) Act, 1939 (2 3 Geo. 6, c. 69) s. 3 - Sale of Goods Act, 1893 (56 57 Vict., c. 71), s. 20.

The plaintiffs, the A. C. S. Co. were wholesale seed merchants in Glasgow and the defendant, G., was a merchant in Northern Ireland. The plaintiffs, in pursuance of a contract with the defendant, despatched two tons of turnip seed from Glasgow which duly arrived at the quay in Belfast. Three different varieties of seed had been ordered in equal amounts of a ton and the plaintiffs sent to the defendant three separatestatements dealing with the price, method of bagging and terms of business in respect of each variety. Each of these statements contained the words "paid Belfast." The Customs authorities seized the seed which had been discharged at Belfast quay as goods...

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