ABSTRACT
Facts: The defendants agreed to buy from the plaintiffs 3,000 tins of Australian canned fruit. The goods were stated as being in cases containing 30 tins each, payment to be per dozen tins. When the goods were delivered, a substantial part of the consignment was packaged in cases of 24 tins. The buyers refused to take delivery, and the dispute was referred to arbitration. The arbitrator held that there was no difference in the market value of the goods, and therefore the delivery of the consignment was a good delivery.
