Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

CONTINENTAL CONTRACTORS, LTD., AND ERNEST BECK & CO., LTD. v. MEDWAY OIL & STORAGE CO., LTD.

(1926) 25 Ll.L.Rep. 288

HOUSE OF LORDS.

Before the Lord Chancellor (Viscount Cave), Lord Shaw, Lord Sumner, Lord Parmoor and Lord Blanesburgh.

Sale of goods-Contract for delivery of kerosene by instalments - Repudiation by buyers on ground of delay in delivery of first instalment - Whether delivery postponed at request of buyers -Delivery dependent upon tender of banker's guarantee-Guarantee as condition precedent to obligation of sellers -Whether failure to make first delivery a repudiation of whole contract or ground for claim for damages in respect of non-delivery of one instalment.

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