DELIVERY AND PAYMENT. 33 



What tlie effect of stoppage in transitu is, whetlier en- EfPect of 

 tirely to rescind the contract, or only to replace the seller stoppage m 

 in the same position as if he had not parted with the pos- 

 session, and entitle him to hold the goods until the price 

 he paid, is a point not yet finally decided, but the latter 

 view of the case seems to be the correct one (c). 



In a contract for the sale of goods, " the goods to be Goods to be 

 delivered at the works forthwith, and to be paid for f ^p^^j^'^'^ent 

 within fourteen days from the date of the contract," the 

 delivery of the goods is a condition precedent to the right 

 of the seller to claim the payment of the purchase-money. 

 The use of the word "forthwith" shows that the goods 

 ought to have been, and that the parties intended that 

 they should be, delivered at some time within the fourteen 

 days(r/). 



When there are no special indications of the limit of When time of 

 time in a contract, that it should be performed " directly" <lelivery is 

 means that it should be performed not " within a reason- ^^j_ ' 

 able time" but "speedily," or at least "as soon as prac- 

 ticable" ((^) ; and "as soon as possible" means "without 

 unreasonable delay," regard being had to the ability of 

 the person contracting, and the orders he has already in 

 hand (/) . 



If there be an express contract between the parties, Goods to be 

 that the goods shall be paid for before delivery, an action f^^c deliver" 

 may be brought for the money before the goods are de- 

 livered. Thus if A. undertakes to pay 100/. on the 1st 

 of January for a Horse purchased by him, and B. agrees 

 to deliver it on the 1st of April following, B. may in the 

 meantime maintain an action against A. for the money, 

 without delivering or offering to deliver the Horse {g). 



Where two parties enter into a contract which is to be Eenunciation 

 performed at a future day, and before the day of per- °* contract, 

 formance arrives, one of them gives the other notice that 

 he does not hold himself bound by it, the other is at liberty 

 to treat such renunciation as a breach of the contract, 

 without waiting for the arrival of the day which is fixed 

 for its performance (A). 



(c) Wentworth v. OHthicaitc, 10 C. P. 73. 



M. & W. 452 ; 1 Sm. L. C. 8th ed. (y) See Pcttitt v. Mitchell, 5 Sco. 



811. N. R. 740; T/ior2)e v. T/iorpe, 1 



{d) Stmmton v. Wood, 16 L. T., Lord Raym. 665 ; S. C. 1 Salk. 



Q. B. 486. 171 ; and see Add. Contr. 7th ed. 



(e) Duncan v. Topliam, 8 C. B. 461. 



225. (A) Danube, ij'C. Co. v. Xenos, 31 



(/) AftwoodY. Emery, 26 L. J., L. J., C. P. 281 (Ex. Ch.). 



O. D 



