LAURO v. L. DREYFUS & CO.

(1937) 59 L1.L.Rep. 110

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Charter-party-Dispatch money-Lay days-Balance of freight-Vessel chartered to proceed to India to load full cargo of groundnuts-Charterers' option to load East or West Coast-"(1) The master is to telegraph on his outward voyage from the last port of call on the way, the date of steamer's departure to 'Sesostris-London' and 'Sesostris-Madras' failing which a number of days equivalent to the number of passage days from the last port of call to Colombo are to be added to the lay days" - "(2) Charterers or their agents are to give orders for the first loading port at Colombo, same to be dispatched within 24 hours . . . of a cable from captain or agents that the steamer is ready and waiting to leave Colombo . . ."-"(15) For all time saved in loading owners to pay charterers £15 per day dispatch money, or pro rata for part of a day saved"-Letter from owner advising charterers that vessel had arrived at Massowah (her last port of call); that owner would telegraph her departure; and requesting information whether charterers intended loading on East or West Coast of India-Owner informed by charterers that first port of loading would be Masulipatam - Master instructed by owner to proceed direct to Masulipatam-Charterers informed of probable date of arrival-Date of steamer's departure from Massowah not telegraphed by master to charterers in accordance with Clause 1-Claim by owner for balance of freight-Counterclaim by charterers to dispatch money-Addition of lay days-Right of charterers to invoke Clause 1-Arbitration -Case stated.