A/S TANK v. AGENCE MARITIME L. STRAUSS.

(1939) 65 Ll L Rep 87

COURT OF APPEAL.

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

Charter-party-Discharging ports-Vessel chartered to load at Philadelphia "and being so loaded shall therewith proceed (as ordered on signing bills of lading), direct to one safe port East Coast United Kingdom or on the Continent . . ." - "Charterers have the option of discharging at two safe ports as above and in the event of this option being exercised charterers are to pay extra freight as follows:-6d. per ton on the whole cargo"-Havre first indicated as single discharging port- Provisional exercise of option by charterers (Bordeaux being declared as extra discharging port) later confirmed by charterers, owners agreeing to discharge "in rotation mentioned rely on quick despatch for loading and discharging" - Neither master nor shippers informed of exercise of option -Bills of lading presented by shippers, and signed by master, for discharge at single discharging port, Havre-Subsequent agreement by owners to discharge at two ports (though contrary to signed bills of lading), question of extra remuneration to be settled by arbitration-Whether extra freight to be assessed in accordance with option given in charter-party or whether owners entitled to claim full cost- Meaning of "as ordered on signing bills of lading."