D/S A/S GULNES v. IMPERIAL CHEMICAL INDUSTRIES, LTD.

(1937) 59 L1.L.Rep. 144

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Charter-party - Frustration - Claim by owners for dead freight and demurrage-Vessel chartered to proceed to San Juan de Aznalfarache (Spain) and there load a cargo of ore-Loading to commence "after the steamer has reported at the Custom House, in free pratique, and the master has given written notice to the pier master, in office hours, that she is ready in every respect to load"-Marginal clause providing that "If steamer is detained at San Juan by any cause arising from the civil war in Spain, riots, strikes, etc., charterers agree to pay demurrage and/or dead freight"-Arrival of steamer at San Juan-Steamer seriously damaged by bomb from Spanish Government aeroplane-Notice of readiness not yet given by master-Vessel beyond repair-Liability of charterers for dead freight and demurrage.