"PORTOFINO" (OWNERS) v. BERLIN DERUNAPTHA.

(1934) 49 Ll L Rep 62

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Slesser.

Charter-party - Demurrage - Vessel to load lubricating oil and/or fuel oil and/or mazout and/or gas oil and/or solar oil-Notice of readiness given- Inspection of vessel by charterers' agents - Captain informed by charterers that vessel was to load kerosene and that vessel was unfit for carriage of kerosene - Refusal by captain to load kerosene - Repairs effected by captain-Alleged agreement upon the terms of letters passing between the captain and the charterers that the charterers would load heavy oil provided captain renounced claims for demurrage and paid inspection expenses, &c.-Authority of master to waive demurrage claim-Consideration - Finding of umpire that vessel was seaworthy when notice of readiness was given; that the charterers were not entitled to load kerosene under the charter-party; that the charterers were not entitled to claim that the vessel should be fit for the carriage of kerosene; that the defects complained of by the charterers were matters of small moment and did not in any way affect the fitness of the vessel to load; and that the document signed by the captain in which he renounced demurrage claims, &c., was obtained under circumstances, which amounted to compulsion; and that the charterers were at the time in default under the charter-party and there was no consideration for any promise made by the captain in that document.