A contractual provision for payment of the price by a specified date does not entitle the seller to sue for the price under s 48(2) of the Sale of Goods Act where the contract, properly construed, contemplates that delivery will have taken place before that date. In such cases, the seller is limited to damages for non-acceptance. The words 'irrespective of delivery' in s 48(2) require the contract to be in terms adequate to exclude the ordinary concurrent conditions rule in s 28 and to show a right to full payment which may be in advance of delivery.
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