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Nanji Trading Co. Ltd. v. Survakant & Bros., Civ. App. 13-D-67, 15/11/67, Saudi J.



Nanji Trading Co. Ltd. v. Survakant & Bros., Civ. App. 13-D-67, 15/11/67, Saudi J.

Appellant required large amounts of petrol every month. Respondent agreed that appellant should have a discount of 20% on every gallon he purchased from plaintiff, provided each month’s account was settled by the 10th of the succeeding month. After slightly less than a year, respondent ended the agreement and sought to recover the discount for each month in which the defendant had failed to pay by the 10th of the next month.

            Held: (1) Respondent, by accepting payment as made (i.e. with 20% subtracted from the usual retail price of petrol) after the 10th of several months, had thereby waived the original terms of payment. (2) Appellant is entitled to his discount despite the late payment n earlier months. 

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