A Swiss corporation entered into a contract with the Canadian Dairy Commission to purchase anhydrous

A Swiss corporation entered into a contract with the
Canadian Dairy Commission to purchase anhydrous milk fat for the production of
condensed milk. The contract was executed in Canada by a New York agent of the
corporation, who provided that the goods be shipped to Algeria. The Commission
was advised that it was to meet the import conditions of the Algerian
government, and payment was to be made on presentation of a clean bill of
lading and proper certificates of analysis of the goods. While they met the
contract stipulations in Canada, the goods were rejected by the Algerian
authorities
»

A Swiss corporation entered into a contract with the
Canadian Dairy Commission to purchase anhydrous milk fat for the production of
condensed milk. The contract was executed in Canada by a New York agent of the
corporation, who provided that the goods be shipped to Algeria. The Commission
was advised that it was to meet the import conditions of the Algerian
government, and payment was to be made on presentation of a clean bill of
lading and proper certificates of analysis of the goods. While they met the
contract stipulations in Canada, the goods were rejected by the Algerian
authorities because the caps on the drums had not been sealed and some of the
caps had loosened during shipment, allowing the contents to spoil. The Swiss
corporation then brought an action against the Commission for rescission and
reimbursement of the contract price. Discuss the arguments that the parties
might raise, and render a decision

»

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