Reports of the Supreme Court of Canada Volume 9 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...evidence, it was of importance that the provision that the vessel should be at Shelbume at a particular time (which is distant only a day or two sail from St. John) was intended and understood by the parties to be a provision made to ensure reaching the winter markets by the shipping of the cargo at an early date. There is very little doubt on my mind that that was 1333 the intention of the parties, and that it was perfectly CELL understood by them both; that the high price they SoHo';'mLD. agreed to pay for freight, which is higher in winter"-----than in summer, and which the party is enabledhto pay H_2J' i by the advantages which he secures by getting his lumber _into Liverpool before the spring trade opens, which is shown'_to be of very great importance by the evidence fully shows this. And he who does not ship in time not only loses largely in price but loses also in the accommodation that he would other wise receive in the docks at Liverpool. Taking these all together, I have no diiliculty in coming to the conclusion that that was what the parties meant and understood, but then, as the learned Chief Justice has very well said, have they put that into their agree ment? The words "in reasonable time, dangers of the sea only excepted," only required the parties to be at the place when they possibly could under the excep tion, and if the shipowner is prevented by accident in navigation from arriving at port within what would otherwise be reasonable time, that may be set up as a reasonable excuse. There is no doubt there are excep tions to that rule in the case of ice and other perishable articles, where it is understood that the voyage is to be made at a certain season and the cargo would other wise be useless....