Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

HENRY DEAN & SONS (SYDNEY), LTD. v. P. O'DAY PROPRIETARY, LTD.

(1928) 30 Ll.L.Rep. 305

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Viscount Summer, Lord Shaw, Lord Carson and Lord Atkin.

Sale of goods-Breach-Failure to deliver (bales of wheat sacks c.i.f. & e.)-Tender of documents in accordance with contract-"Draft will be accepted as soon as goods proved equal description purchased"-Goods supplied not in accordance with contract - Whether persistent refusal to pay price, except upon inspection, a breach disentitling buyers to claim damages for seller's failure to deliver.

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