(QBD (Comm Ct)) Commercial Court
[1957] 1 Lloyd's Rep. 240
The plaintiffs ordered goods from an English company and paid for them in advance. The goods were to be sent to Costa Rica and the contract was an FOB one with some CIF features. The English company packed the goods into cases, marked them with the buyers' name, registered them for consignment and ordered shipping space in a named ship. Before the goods were sent to the port a receiver was appointed by the debenture holders of the English company and he refused to deliver the goods. The plaintiffs sued for the goods contending that the property in the goods had passed to them.
Pearson J
The intention of the parties was that the property in the goods should pass on shipment and that there was no such prior appropriation of the goods and assent thereto as would pass the property by virtue of the Sale of Goods Act 1893 s.18 r.5.