25 VLR 430GLASSFORD, COOK AND CO. PROPRIETARY LIMITED v. J. A. MOORE & CO. Supreme Court of Victoria (Full Court) WILLIAMS, HOLROYD, and HODGES, JJ. 07 December 1899Estoppel — Conduct — Negligent representation — Proximate cause — Invoice.
The plaintiffs in Melbourne sold to the defendants in Sydney a quantity of potatoes at a specified price “f.o.b., Melbourne, to be shipped to Sydney per steamer leaving Melbourne on 3rd December 1898.” The potatoes were shipped on the day named, and on the same day the plaintiffs posted to the defendants an invoice for the potatoes, together with a letter advising their shipment by the particular steamer, and notifying that the bill of lading for them and a draft for the price had been forwarded to the plaintiffs’ bankers. The invoice stated that the potatoes were branded T in circle, whereas in fact they were branded G in diamond, as was correctly set forth in the bill of lading and the ship’s manifest. On the arrival of the steamer in Sydney, the defendants, finding no potatoes on board branded T in circle, concluded, without consulting the bill of lading or the ship’s manifest, that their potatoes had not been shipped, and some days afterwards, when the true facts became known to them, they refused to take the potatoes.