JUDGMENT OF CHARLES, J.
The plaintiff's claim against the defendants briefly is for £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 purchasing flour for the past twelve years from the first defendants who knew that he has been carrying on this business. On the 20th April, 1961, the first defendants, manufacturers and exporters of flour carrying on business in Halifax, Canada, agreed to sell and the plaintiff to buy 2,000 bags of Robin Hood flour to be shipped on S.S. Kindat which was due to sail on about the 9th May, 1961, c.i.f. Takoradi. About the 1st June, 1961, the plaintiff was notified [p.379] by Elder Dempster, Ltd. that S.S. Kindat would be arriving at Takoradi harbour on the 4th June, 1961, and on the 9th June, 1961, the plaintiff paid the Bank of West Africa, Ltd., £G4,276 0s. 5d. and he received from the bank the bill of lading, four invoices, the insurance certificate and the bank draft. The plaintiff then delivered the bill of lading to Elder Dempster Ltd., and obtained from them a delivery order to take delivery of the goods. The plaintiff passed the bill of entry and was authorised by the Customs Department to clear the goods. Before the flour was cleared by the plaintiff the harbour authority issued certificates showing that 339 bags of flour were caked.
On the 9th June, 1961, the plaintiff started removing the flour to his warehouse in Takoradi and he completed removing the 2,000 bags of flour on the 12th June, 1961. On the 10th June, 1961, the plaintiff, according to his practice when he receives a new consignment of flour, sent ten bags of this flour to his bakery for ex
