COMPANIA PRIMERA DE NAVIGACION, LTDA. v. COMPANIA ARRENDATARIA DEL MONOPOLIO DE PETROLEOS, S.A.

(1939) 63 Ll L Rep 246

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party - Deviation - Consecutive voyages - Charter of vessel to proceed to Constantza and there load oil for one Spanish Mediterranean port-Charter to remain in force for two consecutive voyages-Vessel loaded at Constantza for Valencia-Course set for Zonguldak for bunkers - Zonguldak not on ordinary route - Sufficient bunkers on board to reach Istanbul (on ordinary route) - Course altered for Istanbul before reaching Zonguldak- Sufficient bunkers taken on board at Istanbul to reach Algiers (to pick up non-intervention officer before proceeding to Valencia) - Call at Bona for bunkers - Vessel captured by Spanish Nationalists on leaving Bona and taken to Palma to discharge - Subsequent arrival at Algiers, vessel then leaving for Istanbul for charterers' orders-Refusal by charterers to give any orders for second voyage - Contention that by reason of deviations on first voyage charter was at an end - Whether charterers waived deviation to Zonguldak - Liberty to deviate - "9. The vessel has liberty to call at any ports in any order, to sail without pilots, and to tow and assist vessel in distress, and to deviate for the purpose of saving life or property"-"12. The vessel to have leave to tow or be towed, and to assist vessels in all positions of distress, or to call at any port or ports for bunker supplies."