TEMPLE STEAMSHIP COMPANY, LTD. v. V/O SOVFRACHT.

(1945) 79 Ll.L.Rep. 1

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Lord Russell of Killowen, Lord Macmillan, Lord Porter and Lord Simonds.

Charter-party - Mixed time and voyage charter-Alterations to printed form of time charter-Effect-"One round voyage to"-Customary meaning-Repugnancy- Charter of ship to be delivered at a Bristol Channel bunkering port "for a period of one round voyage to the Kara Sea. . . . To be employed in lawful trades . . . between good and safe ports or places within the following limits: United Kingdom, Continent, South Africa, Baltic, White Sea, Murmansk; Mediterranean not east of Greece (excluding Spain and Spanish possessions) and Igarka, Yenissei River, Kara Sea, with liberty to call at ports or places en route and including Spitzbergen (Barentsburg and Grumant City) and Dikson. . . . To be redelivered . . . at an ice-free port in charterers' option in South Africa Cape Town/Lourenco Marques range"-Ship sent in ballast to Igarka-Timber cargo loaded, ship sailing for Durban on Sept. 1, 1939 - Ordered by U.S.S.R. authorities while still in Russian waters to put into Murmansk and discharge her cargo-Arrival at Murmansk on Sept. 9 -Discharge completed by Sept. 29-Ship unable to obtain immediate clearance from Russian authorities - Evidence of negotiations between British and Russian government authorities as to release of ships in Russian waters-Loading of pitprops commenced on Nov. 8 and completed on Nov. 17, ship then sailing for Garston- Arrival at Garston on Dec. 14, ship being requisitioned by British Government after discharge-Claim by shipowners against charterers-Alleged breach in failing to order ship to proceed to South Africa immediately after discharging at Murmansk and in sending the ship to Garston with a cargo of pitprops-Arbitration- Award that charterers were liable in damages - Measure of damages - Case stated.