BUNTEN & LANCASTER, LTD. v. WILTS QUALITY PRODUCTS (LONDON), LTD.

[1951] 2 Lloyd's Rep. 30

KING'S BENCH DIVISION.

Before Mr. Justice McNair.

Sale of goods - Non-delivery - Failure of crop - Force majeure - Sale by defendants to plaintiffs of 10 tons of Kerasund hazelnut kernels at £265 per ton - Shipment to be during September/October, 1950 - 1950 crop - Condition in contract providing that Notwithstanding anything already stated in this contract sellers reserve the right to delay delivery or shipment and/or cancel without claim on either side the unshipped and/or undelivered portion of this contract in the event of their seller, failing to ship or deliver on account of strikes, civil commotions, war, civil war, failure of crops, force majeure, etc. and/or contributory causes.

Goods bought by defendants from J. - Failure by J. to make full delivery - Default by defendants - Purchase of goods by plaintiffs at enhanced market price - Difference in price claimed by plaintiffs as damages - Plea by defendants that 1950 crop was so subnormal as to entitle them to cancel under force majeure clause - Evidence as to average crop.