3FED.CAS.—4Charter-Party • August 11th, 2023
Contract Type FiledAugust 11th, 2023The charter-party of a vessel provided that the whole of it, except the part necessary for the officers and crew, and for stowing sails, cables, and provisions, should he at the disposal of the charterer, for a specific voyage. The charterer agreed to furnish a full cargo of lumber and timber for the voyage, at a specified price per thousand feet. After the vessel had received part of her cargo, the charterer desired to put on board two pieces of timber that were too large to be received through the porthole of the vessel, and insisted that the porthole should be enlarged to receive them, and refused to furnish any more cargo till that was done. Thereupon, the master landed the cargo that had been taken on board, and left for another port, in ballast: Held, in an action by the owner against the charterer, to recover compensation for the loss sustained by the failure to furnish the cargo, that the undertaking of the charterer was to furnish a cargo of such timber as was suitable to the