The Law Reports (Appeal Cases)
[1960] AC 684
[JUDICIAL COMMITTEE]
HONG GUAN & CO. LTD. APPELLANTS; AND R. JUMABHOY & SONS LTD. RESPONDENTS.
ON APPEAL FROM THE COURT OF APPEAL OF THE COLONY OF SINGAPORE.
1960 April 4.
LORD TUCKER, LORD JENKINS and LORD MORRIS OF BORTH-Y-GEST.
Sale of Goods
— Exceptions clause
— Contract “subject to shipment”
— Construction
— Sufficient goods shipped to fulfil contract
— Insufficient to meet all vendors' other contracts
— Allocation to buyers with “definite” contracts
— Purported cancellation of “subject to shipment” contract
— Whether effective.
Privy Council
— Jurisdiction
— Point of law not taken below
— Alternative submission on construction of contract
— Point which could not be met by further evidence (post, p. 701).
Damages
— Market value
— Proof
— Evidence of compromises in other disputes relating to market value of similar goods (post, p. 703).