FIBROSA SPOLKA AKCYINA (OTHERWISE FIBROSA SOCIETE ANONYME) v. FAIRBAIRN LAWSON COMBE BARBOUR, LTD.

(1941) 70 Ll L Rep 30

COURT OF APPEAL.

Before Lord Justice MacKinnon, Lord Justice Luxmoore and Mr. Justice Stable.

Contract-Frustration-Sale of machinery in July, 1939, by defendants (English company) to plaintiffs (Lithuanian company)-Machinery to be delivered c.i.f. Polish port-Poland occupied by Germans in September, 1939-Sellers informed by buyers that they were willing to take substituted delivery at Riga or Leeds-Contract repudiated by sellers-£1000 (part of purchase price) paid by buyers before repudiation-Clause 7 of contract providing that "Should the despatch be hindered or delayed . . . by any cause whatsoever beyond our reasonable control, including . . . war . . . a reasonable extension of time shall be granted"-Claim by buyers for damages for breach of contract; alternatively, for specific performance- Whether buyers entitled to waive mode of delivery-Passing of property -Right of buyers to return of £1000 paid-Trading with the Enemy Act, 1939.