H. P. DREWRY, S.A.R.L. v. ARISTOTELES S. ONASSIS.

(1942) 72 Ll.L.Rep. 29

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Charter-party - Breach - Non-delivery of vessel- Substitute vessel- Time charter by claimants of respondents' motor vessel Ariston- Option to charterers to cancel if not delivered on or before Oct. 15, 1939- Option to owner to substitute vessel under construction (and expected ready from builders early October) at same rate of hire and on same conditions- "It is understood that you can substitute either vessel, at any time and for any period during the charter-party, provided the substitute vessel is in the same position as the other vessel would be if continuing the charter-party, but not more than two substitutions to be effected during the currency of the charter-party"- Owner's nomination of new vessel Aristophanes (then not completed and date of delivery uncertain)- Impossibility for substitute vessel to reach loading port by Oct. 15 - Refusal by charterers to accept nomination of substitute vessel- Charter declared null and void by owner- Claim by charterers for damages - Award in charterers' favour - Case stated- Construction of owner's option- "Substitute vessel."