PERRY & CO. (BOW), LTD. v. PORT ISAAC HARBOUR COMMISSIONERS.

(1929) 34 Ll L Rep 411

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Russell.

Contract-Erection of breakwaters at Port Isaac Harbour-Tender dependent upon depth of excavation-Provision for excavation down to 30 in.-Work commenced-Subsequent discovery by contractors that further excavation was necessary-Impossibility of performance in way contemplated - Frustration - Rights of parties -