HENRY & MacGREGOR, LTD. v. GALBRAITH & ROY.

(1940) 66 Ll.L.Rep. 71

COURT OF SESSION.

Before Lord Russell.

Charter-party - Demurrage - Exceptions clause-Pursuers' vessel chartered by defenders to load and discharge cargo of potatoes-Cargo to be loaded and discharged in four days - Discharge delayed owing to frost which (defenders averred) "would have caused serious damage to the cargo"-Provision in charter-party that "Any time lost during usual working hours at the port owing to bad weather shall not be counted. . . . If the vessel is detained longer than the time allowed for loading and/or discharging demurrage shall be paid at £12 per day. Time to commence after the steamer is ready to receive and deliver, but not to commence to count between 5 p.m. and 8 a.m. or between noon on Saturday and 8 a.m. on Monday (unless used), and with the usual exceptions of Sundays and holidays, riots, strikes, frosts or other accidents beyond charterers' control"-Whether the circumstance of frost resulting in damage to cargo was a matter contemplated by and within the exceptions clause- Construction.