The Archive · 1928

No Implied Condition

contract that Banque dpdustrielle ight carry out its contract through other banks, I cannot see any way zead thet Into the contents pro-If 1 make a contract with my baker to supply me for -a certain period with a certain amount of Dread when I required it, and one fine day he says "I am sorry I cannot supply the bread under the contract as I have for the mon ent ft off haking," can that baker say, wat I am going to keep on the contract, you can go to another baker and get your bread and we [will account later." You may get it cheaper from him; if you do, I will credit myself with the difference" Or can-he say, "I am Met going to supply the bread myself, but my friend, the baker next! door, will supply it for you and I shall consider the contract still Dinding." That appears to be the argument of the Banque.

In Coddington v. Paledogo, L. R. 2 ex 195 Martin' B. says:—"Tt is quite clear that if the contract did render it obligatory upon the plaintiffs to deliver a portion of the cloth upon April 17, the defendants are discharged from for the simple reason that the delivery on the 17th rendered it impossible for' the plaintiffs to perform the entirety of their contract and the defendants were under no obligation to accept a partial performance. What do the Banque Industrielle do but offer a partial performance of their contract. They say, we, the bank you have contacted with, cannot negotiate

Text read from the printed page and cleaned; old type leaves the occasional error.

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