CARGO SHIPS "EL-YAM," LTD. v. INVOER-EN TRANSPORT ONDERNEMING "INVOTRA" N.V.

[1958] 1 Lloyd's Rep. 39

QUEEN'S BENCH DIVISION.(COMMERCIAL COURT.)

Before Mr. Justice Devlin.

Charter - party - Repudiation by charterers - Anticipatory breach - Vessel described as "of about 478,000 cubic feet bale capacity, including one and three deep tanks which understood to be of total 27,000 cubic feet"- Alleged representation by shipowners that bale capacity of holds was 451,000 cu. ft.- Vessel apparently not of charter bale capacity - Refusal by shipowners to reduce rate of hire or substitute another vessel - Whether amounting to the evincing of an intention by shipowners not to fulfil their obligations- Cancellation of charter-party by charterers- Claim by shipowners for wrongful repudiation - Construction of charter-party- Bale capacity figures given by shipowners to charterers not correct- Whether variation between charter bale capacity and actual bale capacity amounted to a misdescription entitling charterers to repudiate.