Revett v. Globe Navigation Co.

Citations

• 68 Wash. 300
• 123 P. 459
• 1912 Wash. LEXIS 1285

Syllabus

<p>Shipping — Charter Parties — Warranties—Presumption. In tbe absence of an express stipulation to the contrary, a charter party carries an implied warranty that the ship would be in fit condition for tbe voyage.</p> <p>Shipping — Charter Party — Condition oe Ship — Exemptions— Liability- — Abandonment oe Voyage — Damages. A clause in a charter party exempting the owner from performance in case of dangers of tbe sea resulting from latent defects in boilers etc., does not apply to defects occurring after tbe execution of tbe contract while tbe vessel was completing a voyage on which she was engaged at tbe time of tbe chartering, and before tbe commencement of tbe voyage contracted for; and tbe defendant is liable for damages by reason of failure to make tbe voyage, especially where tbe voyage was abandoned and other voyages undertaken for several months, and tbe defects could have been repaired so as to enable her to undertake tbe voyage within fifteen days from her sailing date.</p> <p>Shipping — Charter Party — Time eor Sailing — Essence oe Contract. Tbe sailing date of a steamship is of tbe essence of a contract for affreightment of machinery and lumber from Seattle to Nome, where tbe steamship company bad notice that tbe shipper was under bond to complete a dredge at Nome before Sept. 1, and bad cancelled a prior charter party in order to save time, which was of vital importance.</p> <p>Shipping — Charter Party — Breach—Failure to Make Voyage— Measure oe Damages. Upon breach of a charter party, by failure to make tbe voyage, tbe sailing date being of tbe essence of tbe contract because of tbe necessity of tbe prompt delivery of machinery and lumber for tbe shipper’s performance of a contract to build a dredge on or before a certain date, all of which was within tbe contemplation of tbe parties, tbe measure of damages is tbe shipper’s expense incurred in retaining an idle crew of employees during tbe period of delay caused by tbe breach of contract; and a claim f