APPEAL DISMISSED

Otago Daily Times, Issue 21601, 23 March 1932, Page 7

APPEAL DISMISSED

THE WHALE OIL DISPUTE LONDON, March 21. The Court of Appeal dismissed the Norwegian whaling companies’ appeal against the judgment of the King’s Bench. After a hearing which lasted 10 days Mr Justice Branson, of the King’s Bench, gave judgment in favour of Unilever, Ltd,, Lever Bros., and the Norwegian Company against the Norwegian whaling companies, Polaris and Globus, which sued 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 during the 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 the factory ships, stored, carried, and delivered. Mr Justice Branson pointed out that the factory ships were capable of producing 210,000 barrels with a value of £875,000, but a carrying power of 118,500 barrels valued at £483,750. Between the dates of the contract and the date on which the oil was refused the price slumped £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 ratification of the contracts.