EASTWOOD STEAMSHIP CO., LTD. v. BUNGE Y BORN, LTDA.

(1930) 37 Ll L Rep 169

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Charter-party-Dead freight-Charterers to load a full and complete cargo of grain - "(44) Captain has the liberty of sailing without full cargo, provided quantity loaded within" certain limits - Insufficient depth of water at charterers' berth - Inability to load full and complete cargo, though amount of cargo loaded within limits - Refusal by charterers to load further cargo at C Wharf where water was deeper - Proposition made by charterers to captain to leave berth for period, in expectation of rise of water, and to return later to complete loading, lay days to cease during that period - Proposition declined by captain, vessel sailing without full and complete cargo - Held, that the proposition was no more than a suggestion made by the charterers and did not amount to a repudiation of the charter-party; that the action taken by the captain in sailing was taken under Clause 44; and that therefore the owners were not entitled to claim dead freight-award upheld.