Western Canada Steamship Co., Ltd. v. United States

The instant proceeding constitutes an attempt to recover from the United States additional compensation above the charter party rate for use of the vessel allegedly beyond the period of “about 120 days * * * or to the termination of the voyage current at termination date.” The trial court held that the employment of the vessel until the end of the last voyage by the United States was justified by the circumstances and was not in breach of the agreement. The ship was chartered for the purpose of carrying ammunition to Japan during the Korean conflict. The employment of this unusual language in the charter party would indicate that, on the face of the agreement, the Steamship Company is precluded from recovery.

The cause was tried at length in the District Court upon testimony, depositions, exhibits and responses to requests for admissions. Findings of fact and conclusions of law were entered, and the decree was for the United States. The record shows the facts.

The SS Lake Sicamous was chartered to the government by Western Canada Steamship Co., Ltd., under the terms above set out. The government was to load and discharge cargo at its own expense. A mutual exception for…