By sale-note addressed by an exporter in Scotland to a foreign buyer it was provided ‘We confirm having sold 3/3750 tons of Muiredge and 1/1250 tons of Lochgelly best steam coals, shipment by steamers and sailers, expected sailing about March to December, at the price of . .
Held (1) that it was at the buyer’s option to require delivery of the larger quantities, (2) that the buyer was not bound to take delivery in equal monthly quantities, and (3) that the seller’s obligation under the contract was not limited to loading vessels berthed in time to have the loading completed before the end of December, but that he was bound to complete delivery of the contract quantity on board any vessel arriving at the port of shipment before the expiry of the month.
Circumstances in which held ( rev. judgment of the Second Division) that there had been a repudiation of the contract on the part of the seller entitling the buyer to damages as for breach of contract.
Judges:
Lord Chancellor (Halsbury), Lord Watson, Lord Herschell, Lord Shand, and Lord Davey
Citations:
[1896] UKHL 526, 33 SLR 526
Links:
Jurisdiction:
Scotland
Contract
Updated: 27 April 2022; Ref: scu.634018