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Lloyd's Law Reports

KING LINE, LTD. v. MOXEY, SAVON & CO., LTD.

(1938) 62 Ll L Rep 252

COURT OF APPEAL.

Before Lord Justice Slesser, Lord Justice Clauson and Lord Justice Goddard.

Charter-party-Shifting berth-Charter of vessel to proceed to Barry "and there load, always afloat, in the customary manner, from the charterers, in such dock as way be ordered by them on or before arrival in Barry Roads, a full and complete cargo of nominated coal . . ."-Vessel stemmed to commence loading at 20-ton hoist-No such hoist immediately available-Election by charterers to commence loading at ordinary berth-Vessel shifted to 20-ton hoist when available, involving expenditure of £19 odd by shipowners-Claim to recover from charterers-Decision of learned County Court Judge that charterers had no case to answer.

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