Glaholm v. Hays
Court of Common Pleas
133 Eng.Rep. 743 (1841)
A ship-owner (plaintiff) and freighters (defendants) signed a written contract including a clause stating "the vessel to sail from England on or before the 4th day of February next," but the vessel failed to sail by that date, and the freighters refused to perform under the contract; the ship-owner sued for breach, while the freighters argued the sailing-date clause was a condition precedent whose nonperformance excused them entirely rather than merely giving rise to a damages claim.
Whether a shipping contract's clause specifying a sailing date should be construed as a condition precedent, excusing the other party's performance entirely upon its breach, or merely as an agreement giving rise to a damages claim.