Glesby

This is an appeal by petitioner from an order denying his motion to vacate an award by a board of arbitration set up in accordance with the terms of a written contract between the parties hereto.

The contract required the shipment by Balfour, Guthrie & Co., Limited, during the month of March, 1942, of 350 tons of copra meal to David Glesby, doing business as Glesby Grain & Milling Co. at a price of $34.50 a ton. Among other things the contract provided that “this sale is made subject to the safe arrival at Los Angeles Harbor of the S. S. ‘Edna’ ”; that the seller be relieved of all responsibility for “failure of manufacturers or suppliers [the Tecate mill in Lower California whose business it was to convert the raw copra received through Pacific ports into copra meal] to deliver.” The seller was also exempted from any responsibility for failure of delivery due to war, consequences of war, etc. On March 9, 1942, respondent by letter informed petitioner that the S. S. Edna had arrived in San Francisco with a cargo of raw copra but that respondent had been advised by the Tecate mill that none of such material would be used to manufacture copra meal to apply against the contract…