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Contracts Keyed to Barnett
Raffles v. Wichelhaus
Citation:
Court of Exchequer, 1864, 2 H. & C. 906, 159 Eng. Rep. 375ProfessorMelissa A. Hale
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Facts
Seller agreed to sell to Buyer 125 bales of Surat cotton to be shipped on the “Peerless” from Bombay. Buyer agreed to take the cotton and to pay the Seller 17 1/4 pennies per pound within a certain time frame after the goods arrived in England. The goods arrived in England (in Liverpool) and the Seller was ready to deliver the goods to Buyer, but the Buyer refused to accept the goods or pay the Seller. Seller sued. Buyer argued that the ship that they thought the contract contemplated was the “Peerless” that sailed in October from Bombay, not the “Peerless” that sailed from Bombay in December (two different ships).
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