Is a contract for the sale of laths to be shipped about the specification?
Saskatchewan, Canada
The following excerpt is from Hart-Parr Co. v. Jones, 1917 CanLII 192 (SK QB):
In Vigers v. Sanderson, supra, the head note reads: A contract for the sale of laths to be shipped, and to be “about the specification stated below,” provided that the property in the goods was to be deemed to have passed to the buyers when the goods were put on board and contained a clause that, if any dispute arose under the stipulations of the contract the buyers were not to reject any of the goods, but the dispute was to be referred to arbitration. The sellers having put on board laths which were not of the specified lengths. Held, that the buyers were justified in rejecting these laths on their arrival in this country, and were not bound by the terms of the contract to accept them subject to an allowance to be fixed by arbitration.
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