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If the Sellers had undertaken to transfer property in the bunkers, but had failed to do so at the agreed time, that would have constituted a total failure of consideration, with the result that the Sellers would be unable to claim for the price.
Considering the commercial background and contract terms, the contract was not for the transfer of property in the bunkers, but for the delivery of bunkers that Owners could use immediately, but for which they only had to pay after the credit period had expired. The critical factors in the Court reaching this decision were:
(1) The clause allowing Owners to use the bunkers for propulsion from the moment of delivery.
