JOINT DANUBE AND BLACK SEA SHIPPING AGENCIES v. REDERIAKTIEBOLAGET IRIS.

(1932) 43 Ll L Rep 97

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Charter-party - Rectification-Adaptation of "Dancon" form-Steamer to load part cargo of grain of 3000 tons 10 per cent. more or less in captain's option -Option clause ["It is further agreed that charterers have the option of loading a full and complete cargo of wood and/or grain . . . . on deadweight basis, in which case charterers shall pay freight at the rate of 3d. extra per ton . . ."] unaltered-Wood loaded-Whether shipowners entitled to freight on vessel's deadweight cargo capacity-Intention of parties-Claim by charterers that charter-party as rectified entitled them to ship measurement cargo of any capacity up to 3300 tons in weight-Counterclaim by shipowners for extra freight and for demurrage-Held, that there was a joint mistake by both charterers' and shipowners' agents in drawing up the charter; that the parties intended the option for deadweight to apply only to the part cargo and that the charterers were entitled to rectification on that basis; but that there was implied in the charter so rectified a term that the space available for the charterers was limited to that space which would be occupied by 3300 tons deadweight, and that therefore, the charterers occupying more, the shipowners were entitled to freight on the excess, which his Lordship estimated at 200 tons; and that the shipowners were entitled to some demurrage- Judgment for charterers on claim for rectification, without costs-Judgment for shipowners on counterclaim, with costs.