Withers v. Moore

Citations

• 7 Cal. Unrep. 125
• 71 P. 697
• 1903 Cal. LEXIS 957

Syllabus

<p>Sale—Coal to be Imported—Construction of Contract.—A San ■Francisco merchant cabled to a coal dealer in New South Wales an offer to purchase two cargoes of coal, which read: “Offer subject to immediate reply twenty-four shillings cost freight and insurance exchange duty paid two cargoes,” etc. The coal dealer replied, “Ultitnatim twenty-four shillings and three pence.” The merchant cabled, accepting this offer, and later wrote the coal dealer, “We beg to confirm having purchased from you [stating kind of coal and price] ‘cost,’ ‘freight,’ ‘insurance,’ ‘exchange,’ ‘duty paid,’ ” etc. Held, that the contract would be construed to mean that the coal should be delivered at its destination with all enumerated charges, including customs duties, paid by the seller, whatever they might happen to be at the time of delivery, the purchaser having no advantage of an intermediate reduction in customs duties.</p> <p>Sale—Coal to be Imported—Customs Duties.—The Purchaser’s First Cablegram contained the words, “Our usual form of charter-party,” and in writing to the seller, confirming the contract, the purchaser said, “The vessels to be chartered under our usual form of charter-party as per copy previously sent you, and to contain all the clauses contained therein.” He also stated that he forwarded by that mail a few originals and copies of the charter-party. The charter-party taken by the seller provided that, “being so loaded shall therewith proceed to San Francisco Harbor and deliver the said full and complete cargo in the usual and customary manner”; and again, “All port charges, pilotages, wharfage dues, and charges at port of discharge,” etc., “to be paid by the ship as customary.” Held, that if the purchaser had contemplated an advantage to him from a reduction of custom duties, as a feature of his form of charter-party, it should have been specifically mentioned, failing which he could not rely on the charter-party as conferring on him that advantage, in obedience to a c