G W Fisher Limited v Eastwoods Limited    Contract – Non-performance within a reasonable time – Act inconsistent with continuance of
contract.
In 1929 defendants contracted to deliver to the plaintiff 25,000 tons of cement to be delivered
as and when required at 28s per ton. The plaintiff at the time anticipated the completion of a
contract which would enable him to dispose of this cement, but the contract never
materialised. The contract was then allowed to sleep till 1931 when, after correspondence, the
contract was revived or a new contract entered into upon the old terms as to about 24,000
tons of cement. Some deliveries were made, but in 1933 there was such a slump in the trade
that it was not profitable for the plaintiff to take the cement at 28s. He did by arrangement
take several deliveries at a lower figure. In 1935 plaintiff, upon prices improving, again
attempted to revive the contract. The defendants at no time gave the plaintiff notice to take
delivery or determine the contract:—