FIBROSA SPOLKA AKCYINA v. FAIRBAIRN LAWSON COMBE BARBOUR, LTD.

(1942) 73 Ll.L.Rep. 45

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Lord Atkin, Lord Russell of Killowen, Lord Macmillan, Lord Wright, Lord Roche and Lord Porter.

Contract-Frustration-Impossibility of performance -Illegality-Right of recovery back of sum paid in advance-Rule in Chandler v. Webster, [1904] 1 K.B. 493 -Total failure of consideration-Sale of machinery in July, 1939, by defendants (English company) to plaintiffs (Polish company)-Machinery to be delivered c.i.f. Polish port-Outbreak of war between England and Germany-Poland occupied by Germany - Contract repudiated by sellers-£1000 (part of purchase price) paid by buyers in advance-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-Right of buyers to return of £1000 paid.