JENSEN v. HOLLIS BROS. & CO., LTD.

(1936) 54 Ll.L.Rep. 133

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party - Breach - Charter dated Aug. 30 between plaintiff (for the owners of a steamship "to be declared later" and "expected ready to load about end August") and defendants for carriage of part cargo of wood goods from Pernau and Riga to London-Charterers' option to cancel if vessel not ready to load at first loading port on or before Sept. 20- "Steamer has liberty to load wood goods and/or other cargo at same and/or other loading ports for same and/or other discharging ports for account of other charterers before and/or after loading goods under this charter"-Notice given by plaintiff on Sept. 7 that steamship K or substitute was expected ready to load on Sept. 14 -Objection taken by defendants on ground of insufficiency of notice- Notification by plaintiff on Sept. 12 that steamship M would perform charter, expected ready to load Sept. 20 -Arrival of M at first loading port on Sept. 27 - Charterers' option to cancel -Option not exercised-Arrival at London on Oct. 15-Claim by plaintiff for balance of freight, discharging expenses, &c., admitted-Counterclaim by defendants for cost of extra insurance and difference in market value of cargo owing to delay in delivery- "Expected ready to load about end August" - Waiver - £2 paid into Court by plaintiff to satisfy defendants' counterclaim.