429. British & Benington’s Ltd v North – Western Cachar Tea Company & others [1922] 13 Ll.L.Rep 607

Anticipatory breach – party accepting repudiation absolved form performance

The facts

A large quantity of tea was shipped in several vessels from India to be delivered at a bonded warehouse in London, with an option to the buyers to take delivery ex ship at an allowance of 34d.per lb. on due notice being given.

Because of congestion in early 1920, the vessels were diverted by the Shipping Controller away from London.

After a considerable delay, an oral agreement was reached between the parties that the buyers would take delivery at Greenock, Leith and Glasgow instead of London at a discount of 34d per pound.

Some months later, buyers cancelled the contract.

Each party accused the other of repudiation.

Findings

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