Swift Canadian Co. v. Banet

224 F.2d 36 (3d Cir. 1955)

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Nature of the Case

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Facts

This is an action on the part of a P to recover against D for breach of contract. P is a Canadian corporation. It entered into an agreement with D for D to purchase a quantity of lamb pelts at a stipulated price. There was a provision that neither party is to be liable for 'orders or acts’ of any government or governmental agency. And there was a provision that 'when pelts are sold F.O.B. seller's plant title, and risk of loss shall pass to buyer when product is loaded on cars at seller's plant.' After some of the pelts had been shipped, P advised D of its readiness to ship the remaining pelts. Around the same time, the U.S. government issued stricter regulations for the importation of lamb pelts into the United States. D refused to accept delivery of the pelts. P sued to recover for breach. D was granted a summary judgment. P appealed.