MEDWAY OIL & STORAGE CO., LTD. v. RUSSIAN OIL PRODUCTS, LTD.

(1931) 40 Ll L Rep 90

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Sale of goods-Non-acceptance-Duty of buyers under instalment contract to nominate and tender steamer to take delivery of oil-"The operation of this contract shall be suspended for such time as the supply or acceptance of the [oil] shall be stopped hindered or delayed by any" exempting cause "and at the buyers' option the contract quantity shall be reduced pro rata"-Nomination of unseaworthy vessel-Arbitrator's finding that unseaworthiness was due to an "exempting cause" and that buyers were not aware of unseaworthiness at the time of nomination