LORENTZEN v. WHITE SHIPPING COMPANY, LTD.

(1942) 74 Ll.L.Rep. 161

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Sale of ship - Breach of warranty - Liability of purchasers to charterers - Ship time-chartered by defendants (owners) to P. Co. - Sub-charter to I. Co. - Ship warranted capable of steaming fully laden under good weather conditions at about ten knots on consumption of about 13 tons best grade fuel oil - Ship sold to plaintiffs subject to time-charter - Claim made by charterers against plaintiffs, alleging in breach of warranty poor speed and excessive fuel consumption - Right of plaintiffs to indemnity from sellers - Construction of contract of sale - Preliminary point for Court: "Whether, assuming that the vessel was not capable of steaming fully laden under good weather conditions about ten knots on a consumption of about 13 tons of best grade fuel oil, the defendants are under any liability to the plaintiffs" - Novation.