INGRAM, PERKINS & CO., LTD. v. E. WHITEAWAY & CO.

(1938) 62 Ll L Rep 168

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Sale of goods-Breach-Refusal by buyers to take delivery-Sale of Yugo-Slav timber by plaintiffs to defendants-Delivery as required-Part of contract timber not yet shipped-Arrangement made whereby plaintiffs could supply defendants with other timber in lieu of unshipped timber, subject to defendants' right of inspection-Non-contract timber accepted by defendants under arrangement - Further tenders of non-contract timber refused by defendants-Time for performance of contract-Waiver.