HEWETT v. QUICK DESPATCH, LTD., AND ANOTHER.

(1940) 67 Ll.L.Rep. 130

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Landlord and tenant-Lease of F. Wharf by plaintiff to first defendants - Payment of rent guaranteed by second defendant-Claim by plaintiff for rent due - Contentions by defendants that lease was properly determined in accordance with provisions in lease; alternatively, that the agreement was frustrated - I. Ltd. (substantially under plaintiff's control) in possession of licence from Commissioners of Customs authorising discharge at F. Wharf of bricks and coke from abroad-Wharf leased by defendants for purpose of importing and storing foreign bricks - Clause in lease providing that "If at any time during the term hereby granted the facilities now permitted by the customs authorities to [I. Ltd.] for the use of the said wharf as a wharf shall be withdrawn from [I. Ltd.] or fail to be renewed to them . . . the tenant shall be entitled . . . to determine this lease" -Order issued by Board of Trade after outbreak of war prohibiting importation of bricks-Notice of termination of lease given by defendants-Right of defendants to determine lease.