W. M. Barkley & Sons v. Simpson

Subject_1 Reparation Subject_2 Agent and Principal Subject_3 Breach of Mandate Subject_4 Relief — Measure of Damages. Facts: A, a coal merchant in Belfast, instructed B, a shipping agent in Glasgow, to charter a vessel to convey a cargo of coal from Glasgow to Belfast. A charter-party was therefore entered into between B and C, a shipowner in Glasgow. By the charter-party C was taken bound to deliver “as customary.” Page: 277 ↓

A then raised an action against B for (1) the demurrage and costs of discharging and storing the cargo; (2) the whole expenses of the arbitration; and (3) the amount lost on the coal.

The Court assoilzied B, holding (1) that A had acted unreasonably in refusing to take delivery of the coal, his proper course being to have taken delivery and thereafter sued B for any extra expense incurred by reason of the cargo not having been delivered into lighters, and (2) that even if B's liability for the other items of the pursuer's claim were assumed, he could not be made liable for the expenses of the arbitration, as he was not a party to the proceedings, and had not their dependence intimated to him.

W. M. Barkley & Sons, coal merchants, Belfast, raised an action in the Sheriff Court at Glasgow against John Simpson, shipping agent, Glasgow, for £367, 7s. 6 3 4 d.

Lord Trayner —The manner in which this case was presented to the Sheriff for decision is calculated to produce some confusion, but when the real question between the parties is reached I cannot say I think it attended with difficulty. The facts admit of being stated very shortly—[ His Lordship here narrated the facts ].