LOUIS DREYFUS & CO. v. LAURO.

(1938) 60 Ll.L.Rep. 120

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party-Breach-Tender of vessel -Charter by claimants from respondent of steamship to be nominated of minimum capacity for cargo of 7200 tons at the rate of 26s. 6d. per ton for shelled groundnuts-"(16) Lay days, at charterers' or their agents' option, not to commence before the 10th December, 1936, and charterers or their agents to have the option of cancelling this agreement should the vessel not be in a seaworthy condition, free of inward cargo, also entered outwards at the Custom House, and ready to load cargo in all holds, and written notice to that effect given by 4 p.m. on the 25th day of December, 1936. (41) Owners to nominate a vessel . . . not less than one month before the date of expected readiness to load . . ."-Tender of steamship Edera on Nov. 13-Rejected by claimants by reason of her size - Request for arbitration as to whether Edera was good tender-Award dated Dec. 10 that Edera was not good tender -Steamship Benmacdhui immediately chartered by claimants in open market at 45s. per ton-Re-tender of Edera by respondent on Dec. 11 in mitigation- Acceptance by claimants-Measure of damages - Claims for extra freight payable in respect of Benmacdhui; cost of storage of groundnuts; loss of weight during storage; loss of interest in respect of delayed payment for cargo -Whether claimants acted reasonably in chartering the Benmacdhui; further, whether they acted reasonably in waiting until Dec. 10 to charter tonnage in the open market-Arbitration -Award that the claimants were entitled to excess freight payable in respect of the Benmacdhui, less the amount saved by them in chartering the Edera upon re-tender; but that the further damages claimed were not the direct or probable consequence of the respondent's breach-Case stated.