J. & C. HARRISON, LTD. v. BOARD OF TRADE.

(1948) 82 Ll.L.Rep. 730

KING'S BENCH DIVISION.

Before Mr. Justice Morris.

Charter-party-Freight-Calculation of lump sum freight due-Charter of ship "guaranteed to carry about 8200 tons deadweight cargo, and having 470,000 cubic feet bale capacity guaranteed available for cargo"- Freight payable: 95s. per ton "on vessel's deadweight cargo capacity as mutually agreed between captain and charterers' agents before vessel commences to load" - Further provisions in charter: 27. All vessel's cargo space including decks to be placed at charterers' disposal, reserving only sufficient room for necessary bunkers and stores for the voyage. 32. If the above-mentioned deadweight cargo and cubic capacity be not placed at charterers' disposal, lump sum to be reduced pro rata.

Mutual agreement that deadweight cargo capacity was 7795 tons (which by accepted custom was "about" 8200 tons) -Cubic feet bale capacity available: 452,733 cubic feet-Dispute as to freight due-Payment of freight by charterers-Deduction made by reason of deficient cubic capacity-Claim by shipowners for balance of freight alleged to be due-Discussion of methods by which freight should be calculated-Reduction pro rata.