ANTARCTIC WHALERS

Hokitika Guardian, 9 December 1931, Page 5

ANTARCTIC WHALERS

LOSE £447,000 CLAIM, AGAINST ENGLISH SOAP FIRMS. tiniujd front* An&ycmtjoxi,—By JSJectm l olott n* pU. —py l J LONDON, Dec 7. After a ton-day hearing, Mr JustBranson of the King’s iknch, gave judgement in favour of Unliever L-im-.tcd, Lever Bothers, and a Norueg.an Cornany defendants, against the Norwegian Whaling Companies, Polaris and Globus, who were suing them for £447,000 for an alleged breach of contract. The plaintiffs contended that the defendants had agreed to take the whole Antartic catch of whale oil for the 1923-1931 season, even if the catch exceeded the carrying capacity of the factory ships and was brought to Europe in tankers. The defendants, contended that their liability only extended to the produce ,:f factory ships stored, carried ancl delivered.

Mr Justice Branson pointed out that the factory ships were capable of producing 210,000 barrels of a value of £875,000 but their carrying power id's 118,500 barrels of a value of £483<"SO. He said that between the dates of the contract and the refusal cf the oil, the price had slumped by twentyfive ponds sterling a ton to £l2 10s per■ ton. • ■ • ■ —:

The judgement given was to .the effect that the word “cargo” in the contracts meant only what, the ships were able to produce and carry. The judge said the fact that the whaling companies used tankers to convey the oil to Europe had prevented a rectification of the contracts,