BOSTON DEEP SEA FISHING & ICE COMPANY, LTD. v. DEEP SEA FISHERIES, LTD.

[1951] 2 Lloyd's Rep. 489

KING'S BENCH DIVISION.

Before Mr. Justice Donovan.

Repairs to ship - Agency - Account - Authority of managing agents to order repairs to be carried out-Extent of authority-Plaintiff company acting as managers of steam trawlers owned by defendant company, defendant company receiving net profits after deduction by plaintiff company of management expenses and commission -Damage to defendants' trawler- Mutual agreement that trawler should be repaired and that at same time ship should undergo her Lloyd's Register survey and her necessary survey repairs also be carried out-Total repairs estimated at £5800 and admittedly authorized by defendants-Final bill of £8629 paid by plaintiffs-Excess over £5800 part paid by deduction from profits of subsequent voyages-Change of control of defendant company- No immediate complaint made by defendants as to method adopted by plaintiffs for payment of repair account outstanding-Termination of agency- Claim by plaintiffs for balance unpaid -Contention by defendants that additional repairs were not authorized.