Henry Leetham & Sons, Ltd., 1915, 31 T.L.R. 522,
and see p. 136, ante.]

So, too, in a contract for the sale of ore, which
provided that in the event of war, restraint of princes,
or other occurrences beyond the personal control of



Impossibility of Performance 297

the buyers or sellers affecting the mine from which waroasos.
the ore was to come, the contract should, at the

option of the party affected, be suspended, it was held wh g r J

that in the circumstances the war was the effective perform-
ance was
cause of the stoppage of the mine and that the defen- excused.
dants were entitled under the contract to give notice

suspending • it. [Ebbw Vale Steel, Iron & Coal Co. goods.
v. Macleod & Co., 1915, 31 T.L.R. 604; C.A. 32

T.L.R. 485, H.L. 33 T.L.R. 268, and see p. 145, ante.]



(B) Recent Cases where Performance was held
not to be Excused

In the following recent war cases performance of < B >

the contract was held not to be excused. perform-

ance was
not ex-

Agent and Principal cused.
