Tallerman & Co Pty Ltd v Nathan's Merchandise (Victoria) Pty Ltd

98 CLR 93

Between: TALLERMAN & CO PTY LTD
And: NATHAN'S MERCHANDISE (VICTORIA) PTY LTD

Court:
High Court of Australia

Judges: Dixon CJ
Williams J
Fullagar J
Kitto J
Taylor J

Subject References:
Contract
Subsequent agreement
Earlier contract
Abrogation
Contract made outside State
Implied rescission
Intention

Judgment date: 18 February 1957

MELBOURNE


ORDER

Vary the judgment appealed from by entering a judgment of non-suit in lieu of judgment for the defendant. Otherwise appeal dismissed with costs.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.