Brinkibon Ltd. v. Stahag Stahl und Stahlwarenhandelsgesellschaft MbH - Lord Justices Stephenson and Templeman - C.A. - June 12, 1980

Contract - Where agreement made - Repudiation

By a telex dated Apr. 26, 1979 buyers in England offered to buy steel bars from sellers in Austria. The sellers accepted the offer in a telex of May 3 subject to certain amendments and requested payment by letter of credit through an Austrian bank. On May 4 buyers issued instructions to a London bank to open the letter of credit and the sellers were advised that such a letter had been opened by telex on May 4 or 7. On May 21 the sellers sent a telex to the buyers withdrawing from the contract. The buyers sought leave to serve the sellers out of the jurisdiction arguing that the contract was concluded in England and/or that it was repudiated there.