MONROE BROTHERS, LTD. v. RYAN.

(1935) 51 Ll L Rep 179

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Maugham and Lord Justice Roche.

Charter-party-Breach-Charter entered into on Aug. 2, 1933, between plaintiff shipowners and defendant charterers -"Expected ready to load [Hamburg] about Sept. 11"-Vessel in fact not ready to load until Sept. 17-"Charterers or owners not to incur liability for loss arising from frosts, floods, strikes, lock-outs of seamen, workpeople or other persons necessary for the performance of this charter-party, disputes between masters and men, and any other unavoidable accident or hindrances of what kind soever, beyond charterers' or owners' control" - Intermediate charter entered into on Aug. 31 between plaintiffs and W. Co. to load stone in Cornwall-Delay in arriving at Hamburg owing to adverse weather conditions during her performance of the intermediate charter-Claim by plaintiffs for balance of freight admitted- Counterclaim by defendants for extra cost of discharging cargo owing to late arrival at port of discharge-Right of plaintiffs to rely on exceptions- Whether plaintiffs broke their contract with the defendants in entering into intermediate charter.