427. Alfred C. Toepfer v Continental Grain Co [1974] 1 Lloyds Rep 11

CIF sale – quality certificate held to be final and binding

 The facts

Five thousand long tons of wheat were sold with this clause: “Quality: no. 3 hard amber durum wheat of US origin – quality/condition final at loading as per official certificate”.

Durum wheat contains a percentage of kernels which are vitreous and amber in colour – the greater the percentage, the higher the quality.

The US grain inspector certified the wheat as “Grade and kind 3 hard amber durum wheat”.

The wheat was on-sold by German buyers to Italian sub-buyers who complained about the quality of the wheat.

The sample taken by the inspector was re-analysed and found to fall into an inferior class of wheat.


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