BOARD OF TRADE v. TEMPERLEY STEAM SHIPPING COMPANY, LTD.

(1927) 27 Ll L Rep 230

COURT OF APPEAL.

Before Lord Justice Bankes, Lord Justice Scrutton and Mr. Justice Romer.

Charter-party T. 99-Hire-Cesser clause operative in case of breakdown of machinery-Condensers out of order- Repairs restricted by Board of Trade surveyor, acting under authority, in spite of contrary opinion-Subsequent breakdown of condensers due to insufficient repairs-Claim by Crown for hire overpaid-Implied term-Prevention of performance of contract- Due to remote cause-Judgment for Crown-Appeal dismissed.