BERRY V. KIRBY & SONS LD. 1/1922

BERRY V. KIRBY & SONS LD. 1/1922

The plaintiff's obligation to pay purchase money did not arise until receipt of telegrams advising of the number of sheep delivered, and plaintiff was entitled to a reasonable time thereafter to make payment. The defendant, by retaking possession prior to expiry of such reasonable time, wrongfully repudiated the contract. Therefore, the plaintiff was entitled to recover damages, and the defendant's counterclaim failed.

Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Australia
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff on the claim; counterclaim dismissed.
Legal Topics
Breach of Contract, Sale of Goods, Damages, Counterclaim
Contract Law Breach of Contract Sale of Goods Damages Counterclaim

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff was entitled to damages for breach of contract for sale and delivery of sheep.
  2. 2 Whether the defendant was entitled to damages on its counterclaim for alleged breach of contract by the plaintiff.
  3. 3 Timing and conditions of payment and delivery under the contract.

Ratio Decidendi

The plaintiff's obligation to pay purchase money did not arise until receipt of telegrams advising of the number of sheep delivered, and plaintiff was entitled to a reasonable time thereafter to make payment. The defendant, by retaking possession prior to expiry of such reasonable time, wrongfully repudiated the contract. Therefore, the plaintiff was entitled to recover damages, and the defendant's counterclaim failed.

Court Disposition

Judgment for plaintiff on the claim; counterclaim dismissed.

Orders

  • Plaintiff awarded £414 16-0 with costs of the action.
  • Counterclaim dismissed with costs.