Glen Clyde Whisky Ltd v Campbell Meyer & Co Ltd

Contract – Sale of Goods. Court of Session: In a commercial action in which the pursuer maintained that the defender had failed to deliver quantities of whisky it had bought and paid for and that certain whisky the defender supplied was not of satisfactory quality, and the defender denied that the whisky was not of satisfactory quality and maintained that it was entitled to withhold performance of its obligations to deliver whisky which had been paid for because the pursuer was in breach of its obligations to pay the purchase price due under other contracts for sale of whisky, the court held , inter alia, that the defender was in material breach of contract in that a substantial proportion of the whisky said to be not of satisfactory quality was not satisfactory, and it was also in material breach of the contracts relating to the goods paid for but not supplied, while the pursuer was in anticipatory material breach of all the contracts where it had not made payment.