JUTE AND GENERAL PRODUCTS, LTD. v. SIMON & CO.; PRODUCE BROKERS NEW COMPANY (1924), LTD. (THIRD PARTY), AND WHEATSHEAF MILLS, LTD. (FOURTH PARTY).

(1941) 70 Ll L Rep 79

KING'S BENCH DIVISION.

Before Lord Caldecote (Lord Chief Justice).

Contract - Frustration - Impossibility of performance-Pre-war sale of 100 tons of Rumanian Yellow Victoria peas- Black Sea and Danubian Grain Contract - Shipment; September, 1939 - Normal tonnage not available at Rumanian ports-300 tons of peas sold by R. to plaintiffs-Resale of 100 tons by plaintiffs to defendants-Further sub-sales-Notification made by R. to plaintiffs that he was unable to fulfil his contract owing to shipping space not being available and claiming cancellation - Declaration sought by plaintiffs that contract with defendants was frustrated-Clause providing for cancellation if fulfilment of contract rendered impossible by hostilities-Sub-buyers joined as third and fourth parties.