ESSEX LINE, LTD. v. SOCIETE CHARBONNIERE DE RECEPTION EN COMMUN.

(1939) 64 Ll L Rep 295

KING'S BENCH DIVISION.

Before Mr. Justice Hilbery.

Charter-party - Breach - Cancellation - Second charter by defendants of plaintiffs' steamship, to come into operation immediately upon completion of previous charter-party-No cancellation clause in second charter-party-Notice given to owners that charterers proposed to cancel second charter-party-Claim by owners for damages, it being contended that they accepted the charterers' notice of their intention not to perform the second charter-party as an anticipatory breach and fixed the vessel for another voyage at a lower freight-Contention by charterers that they did not indicate an unequivocal intention not to perform the charter-party but merely put forward a proposal for cancellation; that the owners refused to accept the charterers' proposal to cancel, but in spite of such refusal fixed the vessel elsewhere - Counterclaim for nominal damages-Evidence of negotiations between parties.