McKELVIE & CO. v. MURRAY & CO.; ET E CONTRA.

(1928) 31 Ll.L.Rep. 80

COURT OF SESSION.

Before Lord Murray.

Sale of goods-Purchase of three cargoes (coal) - (1) Rejection of first cargo - Strict upward limit in size-Documents taken up and price paid-Coal tendered disconform to contract-Claim by buyers for recovery of price-Rejected coal left in hands of buyers' agent for disposal on sellers' behalf-Whether sold to best advantage-(2) Refusal to take delivery of second and third cargoes-Whether a qualified refusal or an anticipatory breach of contract justifying sellers in withholding delivery and suing for damages-Actings of parties prior and subsequent - Onus of proving that refusal was qualified - Knowledge of parties that "size" was vital.