Tallerman &Amp; Co Pty Ltd V Nathan'S Merchandise (Vic) Pty Ltd (1957)

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Issue:

Business

 

Written by:

Esther S

 

Date added:

January 9, 2015

 

Level:

University

 

Grade:

A

 

No of pages / words:

5 / 1398

 

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6751 times

 

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Essay content:

58 and No. M57) were made in communications on 14th May 1951 and 2nd August 1951 respectively, each for the sale by the plaintiff to the defendant of 1,000,000 Hungarian .22 bullets. A consignment of 1,800,000 bullets for the above orders was dispatched from Sydney to the defendant by rail on the 12th February 1952 and was received by a carrier employed by the defendant in Melbourne who stored the bullets in the defendant's warehouse, where they resided for three days...
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Claiming that under the contractual terms, those bullets should only be delivered when requested, the defendant refused to take the delivery, and thus reconsigned the bullets back to Sydney by rail. On 3rd March 1952 a letter by the plaintiff's solicitor was sent out requiring the defendant to accept the "contractual goods" and that otherwise necessary steps would be taken to enforce the plaintiff's legal rights...
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