Munson S. S. Line v. Miramar S. S. Co.

WARD, Circuit Judge.

October 3, 1902, a charter party was executed at New York for the steamship Miramar for a term of six months from delivery, with an option to the charterers for a further period of six calendar months. The charter party contained the following clause:

“(21) Unit as the steamer may be from time to time employed in tropical waters during tlie term of tills charter, steamer is to be docked, bottom cleaned and painted whenever charterers and master think necessary, but at least once in every six months, and payment of the hire to be suspended until she is again in proper stale…