Rothschild & Co. v. Robin Line S. S. Co.

The court helow held that decision depended upon the meaning of clause 15 and Addenda C, and that, if there was conflict between the two, the latter should control, for the reason that,clause 15 was in a printed form of the charter parties, while Addenda C was a typewritten clause attached thereto, and that, inasmuch as the latter definitely fixed the rate for loading at $1.70 per 1,000 board feet, and the charterer agreed to load and stow the cargo, and the further provision was made that, if the owners should elect to have overtime work done, subject to the charterer’s approval, the expense thereof should be for the owners’ account, the appellant had no ground to recover for services rendered. There can be no question but that the trial court properly held that, in ease of conflict between the printed clause and the written clause appended to the charter parties, the latter must prevail. In so holding the court followed a familiar rule of construction, which scarcely needs the citation of authority.

But the appellant points to the fact that added at the end of clause 15 are the words “(See Addenda C),” and that Addenda C begins with the words “In connection with clause 15,” and…