APPEAL TO HOUSE OF LORDS.

Press, Volume LXIX, Issue 20860, 20 May 1933, Page 11

APPEAL TO HOUSE OF LORDS.

WHALING INDUSTRY CASE. LARGE SUM INVOLVED. LONDON, May 18. The House of Lords has allowed the appeal of the Norwegian whaling companies versus Unilever, Lever Bros., and another, against the Appeal Court's decision of March, 1932. Damages are to be assessed. I After a 10 days' hearing Mr Justice Branson, in the King's Bench Division, gave judgment in December, 1931, in favour of Unilever. Ltd., Lever Bros., and a Norwegian company, against the Norwegian whaling companies Polaris and Globus, suing them for £447,000 for alleged breach of contract. The plaintiffs contended that the defendants agreed to take the whole of the Antarctic catch of whale oil for the 193031 season, even if it exceeded the carrying capacity of the factory ships, and was brought to Europe in tankers. The defendants contended that their lia--1 bility extended only to the oil produce of the factory ships stored, carried, and delivered. Mr Justice Branson stated that the factory ships were capable of producing 224,000 barrels, valued at £875.000, but their carrying power was 113,500 barrels, valued at £483.750. Between the dates of the contract and the refusal of the oil the price slumped from £25 a ton to £l2 10s. Judgment was given to the effect that the word "cargo" in the contracts meant only what the ships were able to produce and carry The fact that the whaling companies used tankers to convey the oil to Europe prevented any rectification of the contracts. On March 20. 1932, the Court of Appeal dismissed the companies' appeal against the judgment of Mr Justice Branson, and the appeal was then removed to the House of Lords.]