Alumax Inc. and others v. Westwind Africa Line Ltd. - Before Donald Laing Jr. (Chairman), Jack Berg and Lloyd C. Nelson - 23 October 1992 - S.M.A. 2942

Contract of Affreightment - Whether owners entitled to refuse performance on ground of force majeure

The plaintiffs, as charterers, entered into a contract of affreightment with the defendants, as owners. The C.O.A. provided for the owners to perform nine bulk alumina voyages during the calendar year 1989 from one safe berth Gregory, Texas to one safe berth Becancour, Canada. The first eight liftings were performed without incident. The ninth and final voyage was not performed.