Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

HVALFANGERSELSKAPET POLARIS A/S. v. UNILEVER, LTD., LEVER BROS., LTD., AND ANOTHER. HVALFANGERSELSKAPET GLOBUS A/S. v. SAME.

(1933) 46 Ll.L.Rep. 29

HOUSE OF LORDS.

Before Lord Atkin, Lord Warrington of Clyffe, Lord Russell of Killowen, Lord Macmillan and Lord Wright.

Contract-Sale of entire production- Rejection - Anticipatory breach - Agreement by plaintiffs to sell to defendants "the entire production of whale oil per s.s. [factory ship] for the season 1930/1931" - Delivery of oil-Plaintiffs' contention that they were entitled to deliver oil not only from the factory ship but from any other vessel into which oil produced by the factory ship has been transhipped -Alternative claim for rectification- Defendants' contention that their sole obligation was to take only such oil as was produced and carried by the factory ship and delivered from her tanks, and that the transhipment of oil produced beyond her carrying capacity was a breach going to the root of the contract and entitling the defendants to repudiate-Admissibility of evidence of previous course of business between parties-Meaning of "per" -"Entire production"

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