The opinion of the court was delivered by: WEINER
After a trial before the Court without a jury, in a maritime action against the respondent, charterer, seeking to recover demurrage and extra expenses predicated upon an allegation that the charterer unreasonably delayed the loading of the libellant's vessel for a period of approximately ten (10) days, the Court makes the following:
1. On October 22, 1963, Marine Transport Lines, Inc., acting for The Dow Chemical Company, libellant, and Publicker International, Inc., respondent, entered into a tanker voyage charter party for the steamship Leland I. Doan.
2. Charterer had actual notice, before the tendering of the vessel, that the Leland I. Doan had recently carried styrene.
3. The charter party provided that the cargo would be 11,500 long tons "high specification industrial ethyl alcohol".
4. The charter party further provided that the cleaning of pumps, pipelines and compartments for this cargo was to be cleaned to charterer's inspector's satisfaction. (Either Chas. Martin or Saybolt).
5. Chas. Martin was selected as the charterer's inspector.
6. The vessel arrived in the Port of Philadelphia on November 4, 1963.
7. When the vessel arrived in Philadelphia, the charterer's inspector boarded the vessel and inspected the tanks which were to carry the cargo.
8. Upon inspection tanks 1A and B, 3A and B, 4A and B, and 9A and B, were rejected as being unfit to carry the designated cargo because of an odor of styrene.
9. The presence of styrene in the tanks of the carrier would contaminate and destroy the marketability of the cargo ...