LUIS DE RIDDER LIMITADA v. ANDRE & CO., S.A., LAUSANNE.

(1941) 69 Ll L Rep 60

KING'S BENCH DIVISION.

Before Lord Caldecote (Lord Chief Justice).

Sale of goods (c.i.f.)-Rejection of documents by buyers-Sale of parcel of maize to A. & Co. (Lausanne)-London Corn Trade Association Contract, No. 41-Appropriation clause-Clause superimposed that all tenders, notices, etc., were to be made to buyers' Antwerp office, that documents were to be presented and payment was to be made against documents in Antwerp-Occupation of Antwerp by Germans, making impossible compliance with clause-Notice of appropriation given to A. & Co. (Lausanne)- Refusal by buyers to accept notice- Arbitration - Case stated - Questions for opinion of Court: (1) Whether the contract was cancelled prior to date of tender by virtue of prohibition clause in Contract No. 41; (2) Whether there was a valid notice of appropriation by the sellers which the buyers were bound to accept-Award that buyers were not entitled to reject.