McKelvie v Wallace Brothers, Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1919
• Date: 01 January 1919
• Court: House of Lords (Ireland)

K. B. D., C. A., H. of L.,

McKelvie

and

Wallace Brothers, Ltd.

Charter-party and bill of lading - Delivery of cargo without production of bill of lading - Detention at port of discharge -Demurrage - Sale of Goods Act, 1893 (56 57 Vict., c. 71), s. 18.

On June 26th, 1915, the defendants, W. Bros., coal merchants in Dublin, entered into a contract for the purchase of a quantity of coal from. R. & Sons, a Glasgow firm. The contract note contained no reference to demurrage; but in a letter of the same date to the vendors, the defendants intimated that they were prepared to pay a reasonable rate of demurrage. It was provided by the contract that the coal was to be supplied c.i.f. to Dublin, steamers to be discharged in twenty-four running hours from arrival. In pursuance of their contract with the defendants, R. & Sonsentered into a charter-party, dated the 6th July, 1915, and executed later with M'K., the plaintiff, for the carriage of the coal by one of his ships to Dublin. The...