ALFRED C. TOEPFER v. PETER CREMER

[1975] 2 Lloyd's Rep. 118

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Orr and Lord Justice Scarman

Sale of goods (c.i.f.) - Soya bean meal - Flooding of Mississippi River constituting force majeure - Sellers' notice of intention to ship parcel from Mississippi River ports - Whether nomination of range of ports sufficient statement of "port or ports of loading from which goods were intended to be shipped" - Whether period of shipment extended - Whether date of default the same date as the last date of performance - Effect of premature claim by buyers for price fixing - Whether sellers could rely on notice of intention being too late - Grain and Feed Trade Association contract form 100, cll. 22 and 26.