CONTINENTAL CONTRACTORS, LTD. AND OTHERS v. MEDWAY OIL & STORAGE COMPANY, LTD.

(1925) 23 Ll L Rep 124

COURT OF APPEAL.

Before Lord Justice Bankes, Lord Justice Scrutton and Lord Justice Atkin.

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- Whether a good ground for repudiation may be raised after wrongful repudiation of contract on another ground-Braithwaite v. Foreign Hardwood Co., [1905] 2 K.B. 543, explained.