15 Jul 1993
CARGILL HONG KONG LTD. v. HOECHEONG PRODUCTS CO. LTD.
- Citation
- CARGILL HONG KONG LTD. v. HOECHEONG PRODUCTS CO. LTD.
- Court
- Court of Appeal
- Case number
- CACV135/1992
Appellate court held defendant could not rely on clause 12: the CCPIT certificate did not prove impossibility of performance and the seller, being aware of drought risk when contracting, could not avail itself of force majeure; seller had the duty to attempt to procure supply. The judge's factual findings on the oral Henan sourcing term and on agency were upheld. Appeal allowed and judgment for plaintiff for US$108,000.