WHALE OIL CONTRACT

Hawke's Bay Tribune, Volume XXI, Issue 305, 9 December 1931, Page 8

WHALE OIL CONTRACT

SUPPLIERS SUE COMPANIES. PLAINTIFF’ CASE FAILS. By Telegraph—Press Assn.—Copyright London, Dec. 7. After a ten days’ hearing Mr Justice Branson, in the King’s Bench, gave judgment in favour of Unilever, Limit cd, Lever Brothers and a Norwegian company against the Norwegian whaling companies Polaris and Globus, who were suing them for £447,000 for alleged breach of contract. The plaintiffs contended that the do fendants agreed to take the whole Antarctic catch of whale oil in tho 1930-31 season, even if it exceeded the carrying capacity of the factory ships and was brought to Europe in tankers. The defendants contended that the liability extended to the oil produce of tho factory ships stored, carried and delivered. Mr Justice Branson pointed out that tho factory ships were capable of producing 210,000 barrels valued at £875, 000, but the carrying power was 118, 500 barrels valued at £483,750. Between the dates of tho contract and the refusal the oil price slumped £25 per ton to 2505. Judgment was given to the effect that tho 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 rectification of the contracts.