WN Hillas & Co Ltd v Arcos Ltd

Parliamentary Archives,
HL/PO/JU/4/3/871

Die Martis, 5° Julii, 1932.

After hearing Counsel, as well on Tuesday the
3d as on Thursday the 5th and Friday the 6th,
days of May last, upon the Petition and Appeal
of W. N Hillas and Company, Limited, whose
Registered Office is situate at Mail Buildings,
Jameson Street, Hull, praying, That the matter of
the Order set forth in the Schedule thereto, namely
an Order of His Majesty's Court of Appeal, of the
28th of July 1931, might be reviewed before His
Majesty the King, in His Court of Parliament,
ami that the said Order might be reversed,
varied, or altered, or that the Petitioners might
have such other relief in the premises as to His
Majesty the King, in His Court of Parliament,
might seem meet; as also upon the printed Case
of Arcos, Limited, lodged in answer to the said
Appeal; and due consideration had this day of
what was offered on either side in this Cause :

It is Ordered and Adjudged, by the Lords
Spiritual and Temporal in the Court of Parlia-
ment of His Majesty the King assembled, That
the said Order of His Majesty's Court of Appeal,
of the 28th day of July 1931, complained of in
the said Appeal, be, and the same is hereby,
Reversed, and that the Judgment of the Honour-
able Mr. Justice MacKinnon, of the 12th day of
June 1931, thereby set aside, be, and the same is
hereby, Restored : And it is further Ordered,
That the Respondents do pay, or cause to be paid,
to the said Appellants the Costs incurred by them
in the Court of Appeal, and also the Costs in-
curred by them in respect of the said Appeal to
this House, the amount of such last-mentioned
Costs to be certified by the Clerk of the Parlia-
ment And it is also further Ordered, That the
Cause be, and the same is hereby, remitted back
to the King's Bench Division of the High Court
of justice. to do therein as shall be just and con-
sistent with this Judgment.

W. N. Hillas and Company,Limited v. Arcos, Limited.

(6/32) (15760r-44) Wt. 120-27 30 7/32 P..St. G.311

Lord Tomlin
Lord War-rigton of Clyffe
Lord Thankerton.
Lord Macmillan
Lord Wright

W. N. HILLAS & CO., LTD.

v.
ARCOS, LTD.

Lord Tomlin.

My Lords,

On the 28th July, 1931, the Court of Appeal ordered a judg-
ment in the Appellants' favour against the Respondents for
£30,000 damages with costs to be set aside and directed judgment
to be entered for the Respondents.

The action was one in which the Appellants sought to make
the Respondents liable in damages for breach of a contract for the
sale and purchase of Russian softwood timber for delivery in 1931
alleged to have been constituted by a document in writing signed
by the representatives of the parties on the 21st May, 1930, and
a letter dated the 22nd December, 1930, written by the Appellants
to the Respondents and…