Samuel Sanday and Company v Keighley, Maxted, and Company
| Jurisdiction | England & Wales |
| Judgment Date | 06 April 1922 |
| Date | 06 April 1922 |
| Court | Court of Appeal |
Court of Appeal
Lord Sterndale, M.R., Warrington and Younger, L.JJ.
Samuel Sanday and Co. v. Keighley, Maxted, and Co.
Contract — Construction — Vessel chartered by sellers
Decision of McCardie, J. (38 Times L. Rep. 273) affirmed.
596 MARITIME LAW CASES. CT. OF APP.] SAMUEL SANDAY AND Co. v. KEIGHLEY, MAXTED, AND Co. [CT. OF APP. Thursday, April 6, 1922. (Before Lord STERNDALE, M.R., WAKRINGTON and YOUNGER, L.JJ.) SAMUEL SANDAY AND Co. v. KEIGHLEY, MAXTED, AND Co. (a) APPEAL FROM THE KING'S BENCH DIVISION. Contract - Construction - Vessel chartered by sellers - " Expected ready to load late September " - Grounds for expectation - Absence of reasonable grounds - Delay - Frustration of contract. Sellers, ivho had chartered a steamship which had left Norfolk, Virginia, for Rio de Janeiro with coal, and was to go on to the river Plate in ballast, contracted on the 20th Sept. 1920 to sell to K. M. and Co. 1000 tons of clipped La Plata oats for shipment from the river Plate. The contract contained the following clause : " Shipment in good condition per first-class steamer 1., expected ready to load late September." '..'he steamer experienced engine trouble, and had not arrived at Rio at the dale of the contract, She left Rio on the 29th Oct., and the sellers stated that she wou'd arrive in the river Plate about the 12th Nov. The buyers claimed that the delay had frustrated the contract. The matter was referred to arbitration, and the arbitrators found that the statement " expected ready to load late September " was not justified, and that the delay was so great en t'o frustrate the contract. Held, that the finding o/ ihe arbitrators must be taken to mean that the sellers could not have had an honest expectation founded on reasonable grounds that the vessel would be ready to load by late September. The arbitrators were justified in that finding, and their award must be upheld. Decision ofMcCardie, J. (38 Times L. Rep. 273) affirmed. APPFAL from a decision of McCardie, J. On the 20th Sept. 1920 Messrs. Sanday and Co. contracted to seil to Messrs. Keighley, Maxted, and Co. 1000 tons of clipped La Plata oats for shipment from the river Plate. The contract contained a clause as follows : " Shipment in good condition per first-class steamer Indianapolis, expected ready to load late September." The sellers., Sanday and Co., had chartered the Indianapolis, and she had left Norfolk, Virginia, for Rio de Janeiro with a cargo of coal on the 10th Aug., to...
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