Where a vendor of land intimates that she will not complete the contract unless the purchaser agrees to terms not in the contract (here, extended possession beyond the contractual date), the purchaser is absolved from tendering performance of the concurrent obligation to pay the purchase price. The case illustrates the application of Foran v Wight to a situation where the vendor's insistence on non-contractual terms constituted an intimation that the purchaser's tender of performance would be futile.
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