Contract for sale of flour.
Term required buyers to give sellers certain period of
notice of readiness of vessel for loading.
notice of readiness of vessel for loading.
Buyer gave less than stipulated notice period.
Seller repudiated contract and claimed damages because
market value of flour had dropped.
market value of flour had dropped.
House of Lords held that obligation to give notice,
though not expressed in contract to be a condition, was one by implication.
though not expressed in contract to be a condition, was one by implication.
Whether term condition or not depended on intention of
parties.
parties.
Intention determined by looking at contract and
surrounding circumstances.
surrounding circumstances.
