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CHARLES, J.
The plaintiff's claim against the defendants briefly is for Ā£G5,221 5s. 5d. Damages being the refund of money paid by him for 2,000 bags of flour which were unfit for human consumption and loss of profits as is more fully set out in the particulars attached to the statement of claim. Alternatively, the plaintiff also claims from the defendant the said sum paid for a consideration that has wholly failed. The defendants in their defence deny liability and contend that the flour supplied was in accordance with the contract and only 339 bags of flour were damaged by sea-water which damage is covered by the certificate of insurance. They also contend that if the flour was found to be infested with weevil on their arrival the defendants were not liable for any damage caused thereby. They further contend that the flour should not have been destroyed because it was infested with weevil.
The plaintiff, who has been carrying on a bakery business for the past fifteen years, has been pā¦