R. PAGNAN & FRATELLI v. N. G. J. SCHOUTEN N.V. (THE "FILIPINAS I")

[1973] 1 Lloyd's Rep. 349

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Kerr

Sale of goods (f.o.b.) - Purchase of maize f.o.b. Paranagua/Santos - Vessel to be presented June 10/30 - Sale of same quantity of maize by buyers to third party - Vessel "expected ready to load June 10" chartered by third party - Maize "resold" by third party to buyers at higher price - Charter-party transferred to buyers - Vessel not ready by expected date - Charter-party cancelled by buyers under cancelling clause - Whether third party still entitled to price - Whether failure of consideration - Whether contract of "resale" and charter-party separate contracts. Charter-party - Condition - "Vessel expected ready to load" - Whether expectation based on reasonable grounds.