MITCHELL COTTS & CO. (MIDDLE EAST), LTD. v. HAIRCO, LTD.

(1943) 77 Ll L Rep 106

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice Goddard.

Sale of goods-Import of goods-Licence- Passing of property-Inspection by buyers -Frustration-Sale of goat hair c.i.f. U.K. port, payment to be made by buyers on landed weights after approval of goods at port of arrival-Sellers a London company having branch at port of shipment- Importation of goat hair prohibited except under Board of Trade licence- -Goods landed at U.K. port without import licence having been obtained- -Application by buyers for licence refused-Goods confiscated by Board of Trade - Claim by sellers for price- Whether obligation to obtain licence on buyers or sellers-Duty upon importers- Buyers' plea that contract was frustrated (a) by reason of actual refusal of licence; (b) by reason of the fact that such applications had been refused before the contract was entered into-Customs Consolidation Act, 1876, Sects. 39, 40, 284 - Import, Export and Customs Powers (Defence) Act, 1939-Import of Goods (Control) Order, 1940.