WM. CORY & SON, LTD. v. CORPORATION OF THE CITY OF LONDON.

[1951] 1 Lloyd's Rep. 475

COURT OF APPEAL.

Before Lord Asquith, Lord Justice Birkett and Mr. Justice Harman.

Contract - Repudiation - Anticipatory breach - Port health authority - Local by-laws - Agreement in 1936 between barge-owners and city corporation (as sanitary authority) providing for collection and removal of refuse - Barges to be "fitted and maintained with temporary coamings and coverings to be secured to the permanent coamings . . ." - Barge-owners to "observe and comply with the by-laws of the port health authority of the Port of London" - Sealing of new by-laws by city corporation (as port health authority) in September, 1948, to take effect in November, 1950, requiring barges removing refuse to have permanent coamings and closefitting hatches capable of completely covering the refuse - Admission that new by-laws would make contract commercially impossible of performance when they came into force -Contention by barge-owners that sealing of new by-laws amounted to an anticipatory breach of agreement by city corporation, entitling barge-owners to treat agreement as having been determined in September, 1948 - Public Health (London) Act, 1936, Sect. 84 (1) (a).