A/S D/S HEIMDAL v. QUESTIER & CO., LTD.

(1948) 82 Ll.L.Rep. 452

KING'S BENCH DIVISION.

Before Mr. Justice Morris.

Charter-party-Freight-Balance of lump sum freight-Failure by shipowners to load full and complete cargo (okoume logs)-Measure of damages-Charter of plaintiffs' steamship by defendants at lump sum freight for carriage of full and complete cargo of okoume logs from Port Gentil to Cape Town-"Vessel to load a full deckload as usual in this trade"-Meaning-Logs floated down river to Port Gentil, where they were towed to and loaded on vessel off shore -Refusal by master to load more cargo on deck, on ground that safety of vessel would be thereby imperilled - Empty space left in double bottom tanks (to an extent of 128 tons) as reserve against using up of bunkers in lower part of vessel-Part of guaranteed cubic feet bale space taken up by temporary coal hunker - Claim by shipowners for balance of freight withheld by charterers -Counterclaim by charterers for damages, it being alleged that shipowners failed to load a full and complete cargo; further, that there was a failure to load "a full deckload as usual in this trade"-Evidence as to methods of computing ship's capacity; and as to shipped and outturn weights -Matters to be taken into account in assessing damages - No other vessel available for carriage of logs shut out -Valve at port of destination-Contract of sale entered into by charterers, but unknown to shipowners-Logs shut out valueless (owing to exposure) and unmarketable-Unavailing steps taken by charterers to dispose of such cargo.