COMPANIA PRIMERA DE NAVIGACION, LTDA. v. COMPANIA ARRENDATARIA DEL MONOPOLIO DE PETROLEOS, S.A.

(1939) 65 Ll L Rep 7

COURT OF APPEAL.

Before Lord Justice Slesser, Lord Justice MacKinnon and Lord Justice du Parcq.

Charter-party - Deviation - Consecutive voyages - Charter of vessel to proceed to Constantza and there load oil for one Spanish Mediterranean port-Charter to remain in force for two consecutive voyages-Vessel loaded at Constantza for Valencia-Course set for Zonguldak for bunkers-Zonguldak not on ordinary route - Sufficient bunkers on board to reach Istanbul (on ordinary route) - Course altered for Istanbul before reaching Zonguldak- Sufficient bunkers taken on board at Istanbul to reach Algiers (to pick up non-intervention officer before proceeding to Valencia) - Call at Bona for bunkers - Vessel captured by Spanish Nationalists on leaving Bona and taken to Palma to discharge - Subsequent arrival at Algiers, vessel then leaving for Istanbul for charterers' orders-Refusal by charterers to give any orders for second voyage - Contention that by reason of deviations on first voyage charter was at an end - Whether charterers waived deviation to Zonguldak.