CYPRUS PALESTINE PLANTATIONS COMPANY, LTD. v. OLIVIER & COMPANY (CYPRUS), LTD.

(1944) 78 Ll.L.Rep. 87

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Lord Thankerton, Lord Porter and Lord Goddard.

Contract - Offer and acceptance - Freight agreement - Renewal - Impossibility of performance-War-Agreement entered into in August, 1938, between plaintiffs (and other fruit exporters) and defendants (shipping agents) for carriage of fruit from Cyprus to London - Negotiations between plaintiffs and defendants for renewal of agreement for 1939/1940 season-Evidence of letter written by defendants to plaintiffs containing terms on which defendants invited renewal, and of plaintiffs' letter written in reply - Subsequent discussion between parties - Whether renewal agreement finally concluded -Effect of war-Restrictions upon shipping - Plaintiffs' fruit carried by defendants at full freight - Claim by plaintiffs for repayment of freight in excess of contract rate.