335. Suzuki and Co. v Companhia Mercantile Internacional (the “Ataka Maru”) [1921] Vol.8 Ll.L.REP. 174 ; [1921] Vol.9 Ll.L.REP. 171

Demurrage – CIF sale – buyers’ undertaking to pay demurrage held to be one of indemnity only.

The facts

Cleaned Saigon rice was sold by London sellers to buyers in Portugal.  The rice was to be shipped on a vessel provided by sellers from Hong Kong or Saigon (at sellers’ option) and to be discharged at Lisbon or Oporto, buyers’ option.

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