HAIN STEAMSHIP COMPANY, LTD. v. SOCIEDAD ANONIMA COMERCIAL DE EXPORTACION E IMPORTACION (LOUIS DREYFUS & CIA., LDA.).

(1932) 43 Ll L Rep 136

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Charter-party - Holidays (San Nicolas) - Dispatch money - "The steamer shall be loaded at . . . tons per running day . . . Sundays and holidays excepted . . ." - "Dispatch money (which is to be paid to charterers before steamer sails) shall be payable for all time saved in loading (including Sundays and holidays saved) . . ." - Meaning of "holidays" - Whether restricted to national or general holidays or including provincial or municipal holidays - Dispatch money claimed by charterers in respect of two days (Nov. 19 and Dec. 6, 1928, provincial and municipal holidays respectively) - Dec. 6 treated as working day in charterers' first time sheet, rendered before ship sailed - Second time sheet treating Dec. 6 as holiday - Estoppel - Held, that holidays were non-working days which varied with the particular districts, and that both days were rightly included as holidays; and that, there being no question of settled account between the parties, the charterers were not estopped from revising their account after the steamer sailed - Award in favour of charterers upheld.