POOL SHIPPING COMPANY, LTD. v. LONDON COAL COMPANY OF GIBRALTAR, LTD.

(1939) 63 Ll L Rep 268

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Contract-Suspension of performance- "Normal working"-Standard form of contract entered into by defendants to supply at Gibraltar "to all the steamers of which the [plaintiffs] are for the time being registered owners or managing owners . . . such quantities of [Welsh or Durham coal] as are normally required and taken by such steamers coaling en route in the customary manner"-"In the event of any cause or circumstance beyond the control of the [defendants] and/or suppliers of whatsover description and wheresoever occurring . . . which prevents the supply, shipment, carriage or delivery of [contract coal] or the normal working of this contract, [defendants] or suppliers shall be entitled to relief from all obligations under this contract during the continuance of any such causes or circumstances or the effects thereof . . ." -Contract in force from Jan. 9 to Dec. 31, 1937 - Intimation given by defendants to plaintiffs in May that owing to the abnormal position of both the coal and shipping trades it would be impossible to keep the bunkering depots sufficiently supplied with contract coal; that the contract was suspended by virtue of the exception clause; but that they (the defendants) would be willing to supply each vessel as to one-third of her requirements with emergency coal at the current price of the day-Protest by plaintiffs - Notice given by plaintiff in September that one of their steamers would call at Gibraltar for 200 tons of Welsh coal under the contract-Vessel supplied with one-third emergency coal and debited with extra cost-Account signed by master "subject to my owners' approval" - Claim by plaintiffs to recover extra amount paid -Whether events happened beyond the control of the defendants which affected the "normal working" of the contract-Evidence that from February to May, 1937, difficult conditions arose regarding supplies of bunker coal, and that the defendants bought cargoes of Westphalian coal in an endeavour to remedy the deficiency in their supplies -Whether normal conditions had returned by September, when plaintiffs' order was given-Construction of contract.