Sale of unascertained goods CASES

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Blackburn Bobbin Co Ltd v T W Allen & Sons Ltd 20 Jun 1918 [1918] 2 KB 467, CA

Facts In early 1914, the defendants, T. W. Allen & Sons Ltd, who were timber merchants in Hull, agreed to sell 70 standards of Finland birch timber to the plaintiffs, Blackburn Bobbin Co. Ltd. The delivery was to be free on rail at Hull. It was the normal course of business for English timber merchants like the defendants to import timber from Finland and hold it in stock. However, at the time of the contract, the defendants had no stock of Finland birch timber and intended to fulfil the contract by sourcing it directly from their supplier in Finland for