Glaholm v. Hays

133 Eng.Rep. 743 (1841)

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Glaholm v. Hays

Court of Common Pleas
133 Eng.Rep. 743 (1841)

SR
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Facts

The plaintiff, a ship-owner, and the defendants, freighters, had a written contract that included the clause “the vessel to sail from England on or before the 4th day of February next.” The vessel did not set sail on or before February 4th of that year. The defendants thereafter refused to perform under the contract. The plaintiff brought suit for breach of contract. The defendants argued that the language stating the vessel was to sail on or before February 4th was a condition precedent, and that noncompliance with this condition by the plaintiff excused the defendants from performance.

Rule of Law

Issue

Holding and Reasoning (Tindal, J.)

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