FIBROSA SPOLKA AKCYINA v. FAIRBAIRN LAWSON COMBE BARBOUR, LTD.

(1942) 73 Ll L Rep 45

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Lord Atkin, Lord Russell of Killowen, Lord Macmillan, Lord Wright, Lord Roche and Lord Porter.

Contract-Frustration-Impossibility of performance -Illegality-Right of recovery back of sum paid in advance-Rule in Chandler v. Webster, [1904] 1 K.B. 493 -Total failure of consideration-Sale of machinery in July, 1939, by defendants (English company) to plaintiffs (Polish company)-Machinery to be delivered c.i.f. Polish port-Outbreak of war between England and Germany-Poland occupied by Germany - Contract repudiated by sellers-£1000 (part of purchase price) paid by buyers in advance-Clause 7 of contract providing that "Should the despatch be hindered or delayed . . . by any cause whatsoever beyond our reasonable control, including . . . war . . . a reasonable extension of time shall be granted"- Claim by buyers for damages for breach of contract; alternatively, for specific performance-Right of buyers to return of £1000 paid.