J. P. ROBERTSON, LTD. v. STEWART.

(1929) 33 Ll L Rep 23

COURT OF SESSION.

Before the Lord Justice-Clerk (Lord Alness), Lord Ormidale, Lord Hunter and Lord Anderson.

Sale of goods-Rescission by buyer-Agreement by sellers to hand over wreck, "all salved property, and the hulk M, and the services of diver for three weeks, all except 4/5 articles of silver and linen free of all debt wireless apparatus" -Construction-Removal of part of salved material by sellers-Whether a material breach justifying buyer in rescinding-Sale of hulk-Failure of sellers to tender fixed machinery therein -Judgment for buyer-Appeal dismissed.