SIGALAS AND ANOTHER v. SCHWEIZERISCHE REEDEREI A.G.

(1942) 72 Ll.L.Rep. 255

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Charter-party - Hire - Frustration - Failure of consideration - Time charter of plaintiffs' vessel to defendants- Hire to be paid every 90 days, in advance, non-returnable ship lost or not lost- First 90 days' hire paid- Second payment due June 8 unpaid- Repudiation of charter by charterers on July 2 - Alleged frustration - Vessel withdrawn by owners- Claim by owners for 90 days' hire due; also for war risk insurance premiums paid by owners at charterers' request- Frustration plea abandoned by charterers- Contention that after redelivery to owners there was total failure of consideration and charterers' obligations terminated- Readiness and willingness of owners to perform charter.