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Startup v MacDonald (1843) 6 Mann & G 593

A contract stated that 10 tons of oil were to be delivered to the defendant within the last 14 days of March. The claimant delivered the oil at 8.30pm Saturday March 31st. The defendant refused to accept the delivery because of the lateness of the hour.

Held:

The claimant had tendered performance within the agreed contractual period and was thus entitled to damages for non acceptance.

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