E. Clemens Horst Company v. Biddell Brothers
House of Lords
[1912] A.C. 18
Relevant factsFree
Biddell Brothers (plaintiff) held rights under two C.I.F. contracts to buy hops from E. Clemens Horst Company (defendant), but when it came time to ship, the parties disagreed over whether payment was due upon delivery of the goods or upon delivery of the bill of lading; Clemens refused to ship because Biddell Brothers would not pay until receiving the actual hops. The trial court ruled for Clemens, and the court of appeals reversed in favor of Biddell Brothers.
IssueFree
Whether a contract for the international sale of goods C.I.F. requires the buyer to make payment to the seller upon receipt of a bill of lading.