JOHN KOCH, LTD. v. C. & H. PRODUCTS, LTD.

[1956] 2 Lloyd's 59

COURT OF APPEAL.

Before Lord Justice Singleton, Lord Justice Morris and Lord Justice Romer.

Principal and agent - Contract entered into by agents at principals' request-Sums (including deposit) paid by agents on principals' behalf - Cancellation of contract by agents before expiration of time for performance - Deposit forfeited - Further loss to principals avoided - Reasonable presumption by agents that principals would not be in position to perform contract - Unsuccessful attempt by agents to obtain principals' instructions prior to cancellation - Right of agents to reimbursement.