Lord Atkin:-

This is an appeal from the Supreme Court of Palestine sitting as a Court of appeal who set aside a judgment of the District Court of Jaffa in favour of the appellants, the plaintiffs in the suit, for £2500 for breach of contract. The hearing in the District Court was the result of a decision of this Board on appeal in the same case, who after judgments in the two Courts in Palestine ultimately in favour of the plaintiffs remitted the case for a further and fuller hearing. The dispute between the parties arises out of a contract in writing dated 12th November 1929, under which the appellants agreed to sell to the respondent certain land in the district of Jaffa. The purchase price was to be paid as to £200 on the signing of the agreement, when the purchasers were to be let into possession, and the balance by instalments. There was a date fixed for completion and there were various stipulations by either party, as to payment of taxes, survey of the land, proof of registration and the like. The agreement was subsequently varied by correspondence as to the date of the subsequent payments with an express stipulation that the remaining stipulations of the agreement remained i