Biddell Brothers v. E. Clemens Horst Company
Court of King's Bench
1 KB 934 (1911)
Relevant factsFree
Biddell Brothers (plaintiff) contracted to buy hops from E. Clemens Horst Company (defendant) on C.I.F. (cost, insurance, freight) terms. The parties disagreed over whether payment was due when the bill of lading was tendered or when the hops themselves were actually delivered. Clemens refused to ship because Biddell Brothers would not pay until delivery; Biddell Brothers sued for breach, Clemens countersued, and the trial court ruled for Clemens.
IssueFree
Whether a C.I.F. contract for the international sale of goods necessarily implies that the buyer must pay the seller upon receipt of the bill of lading, rather than upon actual delivery of the goods.