CLEEVES WESTERN VALLEYS ANTHRACITE COLLIERIES, LTD., AND ANOTHER v. "PENELOPE" (OWNERS).

(1928) 31 Ll.L.Rep. 96

ADMIRALTY DIVISION.

Before the President (Lord Merrivale).

Charter-party-Frustration-Employment of ship to carry successive cargoes of coal-"To be in force for 12 months . . . from date of notice of readiness to load for first voyage . . . to make as many voyages as she can over said period"-"Steamer not to be ordered to any loading port at which there is a strike in force"-"Steamer to be free to interpose a substantially similar voyage if charterers unable forthwith to order steamer to another loading port stipulated in charter, free of strike"-Coal strike-Universal stoppage of mines-Inability of charterers to employ vessel-Whether a delay contemplated by parties-Frustration of adventure-Effect of shipowners' option to accept substituted employment upon doctrine of frustration.