Dover Steamship Co. v. Summit Industrial Corp.

WEINFELD, District Judge.

Dover Steamship Company, owner of the vessel Liberty F, seeks an order pursuant to the Federal Arbitra*207tion Law, 9 U.S.C. § 4, to compel Summit Industrial Corporation as charterer of the vessel to proceed to arbitrate a dispute in accordance with the terms of a charter party. The parties agree that a charter party containing an arbitration provision was entered into but the charterer contends that because of a breach of a material condition precedent the entire contract was voided and hence arbitration, is not enforceable.

On June 22,1955, the respective agents of the…