...[1919] 121 LT 628, 934 f. per Atkin LJ; sa Freeth v Burr [1874] 9 CP 208. 213 per Lord Coleridge CJ: „The real matter for consideration is whether the acts or conduct of the [promisor] do or do not amount to an intimation of an intention to abandon and altogether to refuse...

...CJ — whose ruling was approved by the House of Lords in the Mersey S. tk I. Co. \. Naylor — said "In cases of this sort, where the question is whether...intimation of an intention to abandon and altogether refuse performance of the contract. The mere non-payment for the first portion of the iron contracted...

...observations were made on the subject of what breaches of contract by one party will release another. He said: "Where the question is whether the one party is set...intimation of an intention to abandon and altogether refuse performance of the contract. I say this in order to explain the ground upon which I think the...

...and the freight. I don't want it at all." In Freeth v. Burr, LR 9 CP 208, Lord Coleridge, CJ, says: " In cases of this sort, where the question is whether...consideration is whether the acts or conduct of the one do not amount to an intimation of an intention to abandon and altogether to refuse performance of the...

...injured party's rights depend not on the materiality of the breach, but on whether the wrongdoer's acts "amount to an intimation of an intention to abandon...altogether to refuse performance of the contract". There are certainly such expressions to be found in leading decisions. Williston, I think rightly,...