"SNIA" SOCIETA DI NAVIGAZIONE INDUSTRIA E COMMERCIO v. SUZUKI & CO. AND TEIKOKU KISEN KAISHA.
(1923) 17 Ll L Rep 78
KING'S BENCH DIVISION.
Before Mr. Justice Greer.
Charter-Party-Cancellation by Charterers- Claim by Charterers for Damages for Breach of Undertaking as to Seaworthiness -Breakage of Propeller Blades- Unseaworthiness or Latent Defect- Counterclaim for Hire - Seaworthiness as Condition Precedent which after Acceptance of Ship becomes a Warranty which can only be relied upon as a Claim for Damages-Breach of Undertaking in Charter-Party to maintain Ship in Seaworthy Condition entitling Charterers to cancel Charter-Party-Measure of Damages-Charterers cannot claim Damages for Loss of profitable Subcharter not brought to notice of Shipowners.