TENAX STEAMSHIP CO. LTD. v. THE "BRIMNES" (OWNERS) (THE "BRIMNES")
[1974] 2 Lloyd's Rep. 241
COURT OF APPEAL
Before Lord Justice Edmund Davies, Lord Justice Megaw and Lord Justice Cairns
Charter-party (Time) - Hire - Withdrawal of vessel by shipowners for non-payment - Whether payment made by charterers before withdrawal - Effect of order to bank to pay - Effect of withdrawal by telex - Whether right to withdraw waived - Whether new contract arose - "Payment to be made in cash". - "Otherwise failing punctual and regular payment owners shall be at liberty to withdraw".
Banking - Transfer order - Whether receipt of order analogous to receipt of cheque.