G. S. SOWEMIMO, JSC (Delivering the Leading Judgment): The question which arises for consideration in this appeal is whether a breach of a condition of a contract of sale constitutes a repudiation of the contract.
The facts in the case are not in dispute. The plaintiff entered into an agreement with the defendant company under which the latter agreed to supply the former with goods. Their transactions were to be governed by certain conditions contained in the agreement tendered in the case as Exhibit A1. The terms of the contract relevant to this case are:-
"1. The Company hereby agrees to sell to the distributor and the distributor hereby agrees to buy the company's goods for sale throughout Midwest State, starting from...............
2. All purchases of the company's goods by the distributor shall strictly be for cash payments. Provided that the company will grant up to thirty days credit after delivery of the goods by the company to the distributors within which the distributor sha…