Compania Bilbaina v. Spanish-American Light Co.
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146 U.S. 483 (1892)
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U.S. Supreme Court
Compania Bilbaina v. Spanish-American Light Co., 146 U.S. 483 (1892)
Compania Bilbaina de Navegacion de Bilbao v.
Spanish-American Light & Power Company
Argued December 1-2, 1892
Decided December 12, 1892
146 U.S. 483
Clauses in a charter party of a vessel construed.
The owner of the vessel held not to be entitled to recover from the charterer any part of the expense of fitting up the tanks in the vessel to carry petroleum in bulk.
The owner could not affirm the charter party for one purpose and repudiate it for another.
The charter party never became a binding contract.
If there was any part of it in regard to which the minds of the parties did not meet, the entire instrument was a nullity, as to all its clauses.
Nor did the delivery of the vessel to the charterer, and her acceptance by him, constitute a hiring of her under the charter party, as it would stand with certain disputed clauses omitted.
The delivery of the vessel was the adoption by the owner of the existing charter party.
The owner could not collect rent for the time he was fitting up the tanks, and the charterer was liable to pay rent for the use of the vessel only while she was in his service.
The case is stated in the opinion.