ANDREW YULE AND CO Vs. ARDESHIR BOMANJI DUBASH

JUDGEMENT

(1.) The plaintiffs who are agents of the Bengal Coal Company are engaged as such agents in an extensive coal trade between Calcutta and Bombay supplying coal from the Bengal collieries to the many users of coal for industrial purposes in Bombay.

(2.) This trade is continuous throughout the year and it is not Yule & Co. disputed that it is common to charter steamers for the trade for as many as twelve consecutive voyages.

(3.) On the 17th of November 1911 the agents of the 3rd defendant wrote to the plaintiffs agent in Bombay :- With reference to your call this morning and the conversation we bad regarding coal-supplies and steamers I now have to inform you that the owners of the " Gymeric" are ready to charter the steamer to your firm provided suitable terms can be arranged. The position of the steamer and particulars for the charter are briefly as follows :-" Gymeric" should be ready at Calcutta in ballast from Reunion from 10th and 20th December, Capacity for about 65oo tons Bengal Coal. Charter-party usual terms. Available for full cargo from Calcutta to Bombay and will consider question of larger charter on expiration of voyage. "Gymeric" is a first class steamer and registered in Bureau Veritas.