Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

GARCIA v. PAGE & COMPANY, LTD.

(1936) 55 Ll.L.Rep. 391

KING'S BENCH DIVISION.

Before Mr. Justice Porter.

Sale of goods-Repudiation by seller- Sale by English, company to Spanish buyer - Contract dated May 27, 1935, calling for shipment to Spain during first half of September, 1935, providing: "Buyer to open immediately a confirmed credit in London in favour of sellers"-Delay in providing credit-Notification given by sellers on Aug. 22 that if credit not received in London by Aug. 24 they would cancel contract-Credit opened in Spain by buyer on Aug. 24-Notification received by sellers on Aug. 27-Buyer informed by sellers on Aug. 27 that as credit did not comply with contract terms they repudiated the contract-Satisfactory credit opened on Sept. 3-Arbitration- Case stated-Whether sellers justified in their repudiation-Whether opening of a confirmed credit was a condition precedent.

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