Eurico SpA v. Philipp Bros. (The Epaphus) - Q.B.D. (Com.Ct.) (Staughton J.) - 20 May, 1986

Sale of goods afloat on named ship - Discharge port nominated by buyers unsuitable for vessel’s draft - Whether sellers or buyers liable for subsequent delays

The vessel Epaphus was chartered for the carriage of a cargo of bagged rice from India to a range of ports in the East Africa area. Bills of lading were issued providing for carriage to Mombasa. The bills of lading subsequently came into the possession of the present sellers. Then the original sale fell through and the sellers sold the cargo afloat to the buyers. The sale agreement provided that the cargo should be discharged at “. . . one main Italian port to be declared on vessel passing Suez . . . per vessel MV Epaphus . . .” The agreement also provided that demurrage was payable as per charterparty. The destination in the bills of lading was changed to “North Italian port” and the vessel, which had been waiting for orders off Muscat, set course for Suez.