WILLIAM BROWN & CO., OF LIVERPOOL, LTD. v. A. ELMASSIAN (UNITED KINGDOM), LTD.

[1951] 2 Lloyd's Rep. 428

KING'S BENCH DIVISION.

Before Mr. Justice McNair.

Contract-Repudiation-Conduct of sellers -Presumed intention not to perform- Sale of cartons of butter beans in tins -Shipment to be made during December, 1950/January, 1951-Agreed extension of dates for shipment: one-third during March, one-third during April, and balance during May - Buyers informed by sellers on Mar. 30, 1951, that goods were in transit and that their suppliers were insisting on premium payment per dozen tins- Suggestion by sellers that goods should be accepted by buyers subject to additional payment of premium demanded by sellers' suppliers, and that sellers should take steps to recover such payment from their suppliers, thus enabling sellers to make a refund to buyers-Tender rejected by buyers- Arbitration-Award that buyers were entitled to reject - Case stated - Whether "sellers' tenders or any other conduct of theirs" amounted to repudiation.