Compania Navigazione Sota v. Aznar v. Coale & Co.

ROSE, District Judge.

Following an opinion in Western Counties-Shipping Co., Ltd., v. Archibald McNeil & Sons Co., Inc. (D. C.) 273 Fed. 298, the respondent, as charterer, has been held liable to the shipowner for demurrage. In determining its amount, a question has arisen as to the application of the provision of the charter party which reads:

“Lay days for loading shall commence when steamer is ready to load (or-within 96 hours after readiness to load, if delayed awaiting turn at berth).”

The charterer claims that, although there was nothing physically in-the way of the ship’s getting a berth…