Bannerman v White (1861) 10 CB NS 844

FACTS: In respect of negotiations to purchase hops, the defendants said 'if they have been treated with sulphur, I am not interested in even knowing the price of them'. When the plaintiff produced samples, the defendants again enquired whether sulphur had been used and were assured that it had not. In fact, a small amount of the crop, some five acres out of a total of 300 acres, had been treated with sulphur. The defendants treated the contract as repudiated and the question as to whether they were entitled to do so hinged upon whether it could be regarded as a condition of the agreement that the hops may be rejected if sulphur had been used. It was argued by the plaintiff that the conversation relating to the sulphur was preliminary to entering the contract and, as such, was not part of the contract. HELD: The statement was understood and intended by the parties to be a term of the contract of sale.