Defendant cross-claims against Hethking Steamships P/L for breaches of time charter clauses
The claim against Hethking by Miller relied on breaches of clauses 1 and 3 of the time charter. Clause 1 described the vessel as "being in every way fitted for bulk cargo service with all cargo spaces swept clean" . Clause 3 required "the owners to provide and pay for all provisions and wages, for insurance of the vessel, for all deck and engine room stores and maintain her in a thoroughly efficient state in hull and machinery during service". Reliance was also placed on an implied warranty of seaworthiness.