Glaholm v. Hays

133 Eng.Rep. 743 (1841)

Facts

P, ship owner, and D, freighters, entered into a contract related to a charter party of one term of which provided that the vessel was to sail from England on or before the 4th of February. The ship did not sail on or before that date and D refused to perform. P sued D for breach. D argued that the term was a condition precedent and P argued that it was a mere promise.