Compania Bilbaina De Navegacion, De Bilbao v. Spanish-American Light & Power Co.

Citations

• 146 U.S. 483
• 13 S. Ct. 142
• 36 L. Ed. 1054
• 1892 U.S. LEXIS 2210

Syllabus

<p>Clauses in a charter-party of a vessel construed.</p> <p>The owner of the vessel held not to be entitled to recover from the charterer any part of the expense of fitting up the tanks in the vessel to carry petroleum in bulk.</p> <p>The owner could not affirm the charter-party for one purpose and repudiate it for another.</p> <p>The charter-party never became a binding contract.</p> <p>If there was any part of it in regard to which the minds of the parties did not. meet, the entire instrument was a nullity, as to all its clauses.</p> <p>Nor did the delivery of the vessel to the charterer, and her acceptance by him, constitute a hiring of her under the charter-party, as it would stand with certain disputed clauses omitted.</p> <p>The delivery of the vessel was the adoption by the owner of th'e existing . charter-party.</p> <p>The owner *ould not collect rent for the time he was fitting up the tanks, and the charterer was liable to- pay rent for the use of the vessel only while she was in his service.</p>