WM. CORY & SON, LTD. v. CORPORATION OF THE CITY OF LONDON.

(1950) 84 Ll.L.Rep. 278

KING'S BENCH DIVISION.

Before Lord Goddard (Lord Chief Justice).

Contract - Repudiation - Anticipatory breach-Port health authority-Local by-laws-Agreement in 1936 between barge-owners and city corporation (as sanitary authority) providing for collection and removal of refuse-Barges to be "fitted and maintained with temporary coamings and coverings to be secured to the permanent coamings . . ."-Barge-owners to "observe and comply with the by-laws of the port health authority of the Port of London"-By-laws made by corporation (as port health authority) in September, 1948, and to take effect in November, 1950, requiring barges removing refuse to have permanent coamings and close-fitting hatches capable of completely covering the refuse-Contention by barge-owners that making of such by-laws amounted to repudiation of agreement by city corporation, entitling barge-owners to treat agreement as having been determined in September, 1948 - - Whether making of by-laws by city corporation in performance of their statutory duty as port health authority could be treated as a repudiation of a contract entered into by city corporation acting in different capacity.