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Contracts Keyed to Summers
Raffles v. Wichelhaus
Citation:
2 H. & C. 906, 159 Eng. Rep.376
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Wichelhaus (defendant) contracted with Raffles (plaintiff) to purchase 125 bales of cotton from Bombay, India that was to arrive in Liverpool, England on a ship called Peerless. The contract did not mention when the ship was to sail. Wichelhaus intended for the shipment of cotton to come from the Peerless that sailed from Bombay in October. But Raffles did not deliver any cotton to Wichelhaus on that ship. Instead, Raffles delivered the cotton to a different ship also called Peerless that sailed from Bombay in December. Wichelhaus refused to accept or pay for the cotton on the second Peerless. Raffles sued Wichelhaus for breach of contract.
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