LLEWELLIN AND ANOTHER v. GROSSMAN.

(1949) 83 Ll.L.Rep. 462

KING'S BENCH DIVISION.

Before Mr. Justice Birkett.

Contract-Specific performance-Breach of contract - Sale of shares - Enforceability -Agreement between plaintiffs and defendant whereby defendant agreed to purchase shares in fishing company owned by plaintiffs-Whether sale subject to condition as to survey- Alleged waiver of condition, survey being substituted by managers' report on trawlers' condition-Acceptance of managers' report denied by defendant -Fall in market value of trawlers- Failure by defendant to implement agreement-Claim by plaintiffs for specific performance or damages - Contention by defendant that agreement was void for uncertainty or that damages were adequate remedy.