Position of sailing ship held to be a condition
The Facts
The charterparty described the vessel as “now sailed or about to sail”.
The vessel was loading timber at Mobile to be carried to Greenock, Barrow or Liverpool.
The parties intended the vessel to sail from Greenock to Quebec and there load timber.
Contrary to the description “now sailed or about to sail”, the vessel was only commencing to load, a process which took about one month.
In spite of knowing the true position, charterers indicated to owners that they wished to continue with the charter. When the vessel arrived in Quebec, they refused to load.
Findings
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