REDERI A/B ERUTHS v. LILLIE & CO. (PORTSMOUTH), LTD.

(1938) 61 Ll.L.Rep. 21

KING'S BENCH DIVISION.

Before Mr. Justice Singleton.

Charter-party-Cancellation-Balance of freight-Charter by defendants of plaintiffs' steamship to load cargo of timber from shippers at Trangsund for Portsmouth - Freight payable: 59s. per St. Petersburg standard hundred-"Charterers shall have the option of cancelling this charter if vessel is not ready at [Trangsund] to load on or before Dec. 15, 1937"-Cable sent by charterers' agents to ship's agents on Dec. 15: "Trangsund Portsmouth telegraph if steamer loading otherwise charter-party cancelled" -Arrival of vessel at Trangsund on Dec. 17 - Loading commenced immediately by shippers-Master and shippers unaware of purported cancellation - Shippers subsequently informed, but cargo loaded without protest - Full charter-party freight demanded by master - Protest by charterers-Freight paid by charterers at estimated current market rate per standard (40s.)-Balance of 19s. per standard deposited with solicitors- Claim by shipowners for payment out -Counterclaim by charterers for return of deposit-Whether cable of Dec. 15 effected cancellation-Contention by shipowners that charterers waived cancellation; further, that charterers were estopped from alleging cancellation.