Christophersen v. Donald S. S. Co.

Citations

• 187 F. 975
• 110 C.C.A. 313
• 1911 U.S. App. LEXIS 4270

Syllabus

<p>Shipping (g 40*) — Construction op Charter Party — Discharging Berth.</p> <p>A time charter party provided, that the vessel should discharge where the charterer should direct, provided she could always safely lie afloat at any time of tide, “except as provided below’’; the latter words being written in Hie printed form. Then followed provisions that the steamer might be required to discharge in a mud berth at specified ports, and might be employed to and from certain ports, at some of which there was no place where she could discharge and lie afloat at all times of tide. She was seat with the master’s consent to a port not specified, bui where she could only discharge in a mud berth. Field, that the printed provision for discharging only where she could always lie afloat was waived, at least at the latter port, and that lior refusal to discharge there in a mud berth was a breach of the contract.</p> <p>IKd. Note. — For other cases, see Shipping, Dec. Dig. § 40.*]</p>