CHARLES H. WINDSCHUEGL, LTD. v. ALEXANDER PICKERING & CO., LTD.

(1950) 84 Ll.L.Rep. 89

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Sale of goods - Non-delivery - Term of contract-Subject to import licence being obtained-Sale by defendants to plaintiffs of five tons of candelilla wax at £275 per ton, c.i.f. London, shipment September/October - Contract subject to import licence being obtained by defendants-Licence for two tons only granted in September - No further application made by defendants-Rise in price owing to devaluation-Claim by plaintiffs for damages for breach of contract in failing to deliver-Evidence that a licence for five tons would not have been granted in September, but that a licence for a further three tons might have been granted in October in time for shipment under contract-Plea by defendants that contract was conditional on full licence being obtained, and that, a limited licence only having been granted, no firm contract was made-Liability of defendants under contract.