HINDLEY & CO., LTD. v. GENERAL FIBRE COMPANY, LTD.

(1940) 67 Ll.L.Rep. 272

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Sale of goods-Cancellation-Illegality- Nullity - Novation - Contract dated July 27, 1939, for sale of jute to be shipped between Sept. 1 and Oct. 31, 1939, from Calcutta "for Hamburg, Antwerp, Rotterdam, Bremen, to be declared on or before Aug. 15, 1939" -Bremen declared by buyers on Sept. 11 as port of destination- Reply by sellers on Sept. 22 that contract must be regarded as cancelled - Letter of Sept. 27 from buyers to sellers declaring Antwerp or Rotterdam as final port of discharge (Bremen being an enemy port and delivery there illegal under Trading with the Enemy Act, 1939) followed by letter of Oct. 3 declaring Antwerp- Communication from sellers to buyers dated Oct. 25, and headed "250 bales Tossa September/October Antwerp . . . Contract date July 27, 1939," stating: "Owing to difficulty in obtaining freight, licenses, etc., we claim protection under Clause 8 of the contract"-Letter from sellers to buyers dated Nov. 30 reasserting their claim that contract was at an end - Arbitration - Award in favour of buyers that contract was not cancelled, that sellers were in default and that they were liable in damages-Case stated.