PETER TURNBULL & CO. PROPRIETARY, LTD. v. MUNDAS TRADING COMPANY (AUSTRALASIA) PROPRIETARY, LTD.

[1954] 2 Lloyd's Rep. 198

AUSTRALIA.HIGH COURT OF AUSTRALIA.

Before Dixon, C.J., and Webb, Kitto and Taylor, JJ.

Sale of goods (F.O.B.)-Non-delivery-Nomination of ship by buyers-Declaration by sellers of inability to supply goods-Anticipatory breach-Substituted method of performance proposed by sellers-Election by buyers to accept substituted performance-Effect upon obligation of buyers to give shipping instructions -Condition precedent-Alleged waiver by sellers-Arrival of nominated ship out of time - Resale by buyers - Goods bought against contract upon sellers' failure to implement substituted performance - Loss sustained by buyers-Claim against sellers.