Scottish Court of Session Decisions

In June 1870 Christian Johnsen of Christiansund, in Norway, undertook to supply Taysen & Co., merchants, Leith, with a quantity of “new white hard dried ling” and “new white and well dried tusk.” On the arrival of the cargo it was rejected by Taysen & Co. as disconform to contrac t, and was subsequently sold under a warrant. Each party brought an action against the other—Taysen & Co., who had resold the cargo before its arrival, for the loss of profit which they would have made, and Johnsen for the difference between the invoice price and that actually realized.

The actions were conjoined, and a proof allowed. The question involved was whether Taysen & Co. were warranted in rejecting the cargo. For Johnsen it was contended that the fish were as white as Norwegian fish usually are, and that Taysen & Co., themselves Norwegians, having ordered fish from Norway, must be satisfied if they got what known in Norway as “new white hard dried ling” and “new white and well dried tusk.”