CONTRACT FOR WKALE OIL

Taranaki Daily News, 9 December 1931, Page 7

CONTRACT FOR WKALE OIL

CLAIM MADE FOR £447,000 NORWEGIAN COMPANIES SUE LEVERS’ ALLEGED BREACH PLAINTIFFS’ CASE FAILS By Telegraph—Press Assn. —Copyright. Rec. 5.5 p.m. London, Dec. 7. After ten days’ hearing Mr. Justice Branson in the King’s Bench Division gave judgment in favour of Unilever Limited, Lever Brother 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 Antarctic catch of whale oil in 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 210,00'0 barrels of the value of £875,000 but their carrying power was 118,500 barrels of the value of £483,750. Between the dates of the contract and the refusal of the oil the price slumped £25 a ton. 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 oil to Europe prevented the rectification of the contracts.