TYTHERLEIGH v. HARDING & VICK, LTD.

(1949) 83 Ll.L.Rep. 120

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Wharfingers - Charges - Unloading of timber from barges - Dispute as to agreed price for work - Plaintiff wharfingers instructed by defendants to unload timber from barges at plaintiffs' wharf-Dispute as to whether parties agreed upon rates - Inference to be drawn from correspondence and conversations between parties-Distinction between "ex-barge" rates and "landed" rates-Evidence that, at time agreement entered into, work at "ex-barge" schedule rates was uneconomical in itself, but that in normal times any such loss sustained was made good by work at "landed" schedule rates; of insistence by dock labourers upon "landed" rates; and of revised schedule issued by wharfingers' federation by which "ex-barge" rates were increased and "landed" rates reduced-Reasonable price - Change of circumstances - Matters to be taken into consideration - Increased overheads - Whether reasonable profit to be included in reasonable price.