WESTRALIAN FARMERS, LTD. v. DAMPSKIBSSELSKAB ORIENT A/S.

(1939) 65 Ll L Rep 105

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Charter-party - Breach - War - Time charter by plaintiffs of defendants' motor vessel-Vessel sub-chartered for voyage from Australia to nominated port in United Kingdom-Term of time charter that "Steamer not to be sent on any voyage exposing her to attacks of submarines or aircrafts or to the risk of being sunk by mines or otherwise"-War declared after commencement of voyage - Arrival at Cape Town - Orders to proceed to Dakar to bunker-Arrival at Dakar- Refusal by owners to proceed on voyage from Dakar-Contention that they were excused by reason of war clause- Meaning of "sent on any voyage."