The parties entered into an executory contract to sell and purchase a cargo of tea upon its arrival. The cargo arrived, but before it did so, the defendant had discharged the plaintiff from performance, and refused to perform the agreement.
Held: The plaintiff had not been bound to provide a response to the defendant’s purported discharge of the contract. The defendant’s refusal before the cargo arrived to complete the contract was not itself a breach, but was evidence of a continuing intention to break the contract, and operated as a waiver of the condition precedent and that in turn put the defendant in breach.
Citations:
(1849) 4 Exch 345
Jurisdiction:
England and Wales
Contract
Updated: 06 May 2022; Ref: scu.193598