Cleopatra wants to buy a load of grapes to make into wine. Antony agrees to supply what is required. Cleopatra inspects one of several of Antony's vineyards in Italy and likes what she sees. She specifies that the grapes should be selected from "those located on Antony's property" and that risk will pass to the buyer on delivery to Cleopatra at her processing plant in Alexandria. Antony accepts these terms. There is express provision discharging the contract if the grapes are destroyed by hail or go down in a sinking ship. Before they can be harvested, a severe heat wave ripens them too early. The grapes are good for nothing but vinegar.

Cleopatra sues for breach of contract, and Antony claims the contract is ended due to frustration.

Set out arguments for and against each party's position.