BESSLER, WAECHTER, GLOVER & CO., LTD. v. SOUTH DERWENT COAL COMPANY, LTD.

(1937) 59 L1.L.Rep. 104

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Contract-Sale of goods-Variation of terms of delivery - Contracts in writing for sale of coal: (1) providing for monthly deliveries from Jan. 1 to June 30, 1936; (2) providing for monthly deliveries from Apr. 1 to Dec. 31, 1936-Deliveries under contracts overlapping - Oral agreement between parties that deliveries under second contract would not begin until deliveries under first contract were finished, the balance undelivered on Dec. 31, 1936, to be delivered after that date-Delivery by sellers under second contract up to end of 1936-Refusal to make further deliveries-Claim by buyers for damages - Enforceability of oral agreement - Arbitration-Award upholding sellers' contention that the oral agreement was unenforceable against them as it was a parol variation of the contract which was required to be in writing-Sale of Goods Act, 1893, Sect. 4.